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(영문) 부산지방법원 2016.10.19 2016가합46768
사해행위취소
Text

1.(a)

On April 18, 2016, it was concluded between Nonparty B and the Defendant on the real estate stated in paragraph 1 of the attached list.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a credit guarantee agreement with the non-party company (hereinafter “the instant credit guarantee agreement”) so that the non-party company can obtain a loan from the corporate bank upon the request of the non-party company B (hereinafter “the non-party company”), and issued a credit guarantee agreement. C, based on the said credit guarantee agreement, guaranteed the non-party company’s debt to be borne by the Plaintiff.

Afterward, the non-party company was loaned KRW 1,050,000,000 from the corporate bank on May 31, 201 and KRW 200,00,000.

B. However, on May 17, 2016, a guarantee accident caused by the principal and delayed payment, etc. to the non-party company (hereinafter “instant credit guarantee accident”), and the Plaintiff subrogated to the company bank the total amount of KRW 947,475,096, pursuant to the instant credit guarantee agreement.

Therefore, the Plaintiff, who is the above non-party company and the joint and several surety, has a claim for reimbursement or a joint and several surety amounting to KRW 950,427,898 (i.e., the above subrogation amounting to KRW 947,475,096, the penalty amounting to KRW 120,180, the legal procedure cost of KRW 2832,622).

C. Meanwhile, on April 18, 2016, immediately before the instant credit guarantee accident, the non-party company concluded a collateral security contract with the Defendant on the real estate stated in paragraph (1) of the attached Table No. 1, and completed the registration of establishment of a mortgage to the Defendant as the Changwon District Court Kimhae Registry on April 20, 2016, and C concluded a collateral security contract with the Defendant on April 18, 2016 with regard to each real estate listed in the attached Tables Nos. 2 and 3 of the attached Table No. 2 and 2 of the attached Table No. 34852, which was received on April 20, 2016, and completed each registration of establishment of a mortgage to the Defendant.

(hereinafter “each of the instant mortgage contracts”) each of the instant mortgages contracts is registered (hereinafter “the establishment registration of each of the instant mortgages”) and the establishment registration of each of the instant mortgages completed accordingly.

D. Nonparty Company and C are the Defendant and each of the instant cases.

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