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(영문) 부산지방법원 2020.04.02 2019가단315598
사해행위취소
Text

1. As to each real estate listed in the Schedule 1 of Attached Real Estate:

A. On July 23, 2018, between the Defendant and B.

Reasons

1. Facts of recognition;

A. As between July 27, 2016 and B, the Plaintiff entered into a credit guarantee agreement between the Plaintiff’s respective claims for reimbursement against B under the Credit Guarantee Agreement (a claim for reimbursement under the Credit Guarantee Agreement) and the Plaintiff’s credit guarantee agreement as of July 26, 2017, as between B and B, as to the obligation to repay the loan from a financial institution, B entered into a credit guarantee agreement between B as of July 26, 2017.

(hereinafter “Credit Guarantee Agreement”). B submitted a credit guarantee agreement under the Credit Guarantee Agreement on August 22, 2016, and received a loan from the Industrial Bank of Korea.

After that, the first credit guarantee agreement was finally changed to 37,600,000 won, and the guarantee period on July 26, 2019.

B) On March 6, 2019, the Industrial Bank of Korea notified the Plaintiff of a credit guarantee accident caused by delinquency in interest on March 4, 2019. Accordingly, on April 17, 2019, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 38,281,436 of the principal and interest of loans up to April 16, 2019 (the principal amount of KRW 37,60,000 and interest KRW 681,436) (the principal amount of KRW 37,60,000) to the Plaintiff. (2) On April 21, 2016, the Plaintiff is a stock company (hereinafter “foreign company”).

B) As regards the loan repayment obligation of the non-party company in obtaining a loan from a financial institution, the deposit amount of KRW 700,000,000 for the loan repayment obligation, the credit guarantee agreement and the deposit amount of KRW 285,000,000 for April 19, 2019, and the guarantee term of April 20, 2017 (finally changed on April 19, 2019) was changed to April 19, 2019.

(ii) concluded a credit guarantee agreement (hereinafter referred to as the “Second Credit Guarantee Agreement”).

(B) On the same day, B guaranteed the Plaintiff’s obligation to be borne by the Nonparty Company pursuant to the Second Credit Guarantee Agreement. Nonparty Company submitted a credit guarantee form under the Second Credit Guarantee Agreement on April 27, 2016 and received the loan from the Industrial Bank of Korea. (B) On March 6, 2019, the Industrial Bank of Korea notified the Plaintiff of the occurrence of the guaranteed accident.

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