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(영문) 대구지방법원 경주지원 2018.04.13 2017가합2120
사해행위취소
Text

1.(a)

In regard to each real estate listed in attached Tables 1, 2, and 3 between Defendant A and C, the real estate listed in attached Tables 1, 2, and 2016.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter referred to as “C”) on four occasions from February 28, 2014 to May 29, 2015, as listed below, and each credit guarantee agreement of this case (hereinafter referred to as “the instant credit guarantee agreement”). According to each credit guarantee agreement of this case, C Co., Ltd. has borrowed each amount listed below from each bank listed in the column for “B” loan of the following table, and D and D’s subsidiaries, the representative director of C Co., Ltd., and the auditor E of the LAC, as listed in the table below, jointly and severally guaranteed all obligations, such as prior indemnity obligations, against the Plaintiff of the LA in the credit guarantee agreement of this case.

(2) The term of guarantee principal of the guaranteed principal of the Bank (such term of guarantee) dated 28, 2014, 659, 200, 200, 200, 205, 200, 205, 205, 20, 205, 20, 205, 20, 205, 20, 205, 20, 205, 20, 205, 20, 205, 205, 20, 205, 20, 205, 205, 20, 205, 20, 205, 205, 20, 206, 205, 20, 205, 205, 20, 205, 25, 206, 205, 26, 26, 2016

B. Defendant A Co., Ltd. (hereinafter “Defendant A”)

Since 2016, there has been a transaction for supplying a proposal to the Dispute Resolution Co., Ltd. and receiving the price of the goods from the (State)C. However, around August 2016, the State requested the postponement of the settlement of the promissory note paid to the Defendant A, who has failed to pay the price of the goods. Around that time, Defendant A’s failure to recover to the Dispute Resolution Co., Ltd.

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