(영문) 인천지방법원 2018.05.24 2017가단256414

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(영문) 인천지방법원 2018.05.24 2017가단256414

사해행위취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to facilitate its financing and contribute to the revitalization of the regional economy through efficient management and operation of credit information by guaranteeing obligations of small enterprises, etc. with weak growth potential, but with good credit standing.

B. On April 1, 2015, the Plaintiff and the non-party C Co., Ltd. (hereinafter “non-party C Co., Ltd.”) entered into a credit guarantee agreement with the Non-party C Co., Ltd. (hereinafter “non-party C Co., Ltd.”) on the guarantee number E, with respect to KRW 20,00,000 of other financial loans that the non-party Co., Ltd. would receive from the Non-party C Co., Ltd. (hereinafter “National Bank”) and KRW 20,000 (10% of the guarantee rate), and the guarantee period was set as February 20, 202, and the non-party B (hereinafter “B”) who is the representative director of the non-party Co., Ltd. (hereinafter “the non-party”) jointly and severally guaranteed the indemnity obligation that the non-party Co.

C. On December 21, 2016, the non-party company received a loan from a national bank as a collateral for the Plaintiff’s above credit guarantee, and lost the benefit of the loan due to the credit guarantee accident (the principal and interest). On May 30, 2017, the Plaintiff subrogated to the national bank for KRW 19,839,498, the principal and interest of the loan due to the above credit guarantee agreement, and the Plaintiff’s indemnity claim against the non-party company and B (hereinafter “instant indemnity claim”) are as follows.

The current status of claims for indemnity (unit: source and base date: October 12, 2017) the guarantee number of claims for indemnity (amount of guarantee) (amount of guarantee) the date of guarantee of the loan of the creditor agency (payment by subrogation) the date of payment by subrogation (payment by subrogation) the date of payment by subrogation (payment by subrogation) the date of payment by subrogation (20,000,000) the date of payment by subrogation, and (20,005-04-01 (202-02-20) the amount of payment by subrogation by subrogation) May 30, 2017 (19,839,49,498), 19,839,498,498,070248,5820,5820,975,150

(d) B On November 30, 2016, approximately twenty (20) days before a credit guarantee accident occurs.

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