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(영문) 서울동부지방법원 2018.01.11 2016가합109503
사해행위취소
Text

1.(a)

On April 22, 2016, it was concluded between Defendant A and D with respect to the real estate stated in paragraph (1) of the attached list.

Reasons

1. Facts of recognition;

A. (1) On August 22, 2014, the Plaintiff: (a) specified the Plaintiff’s credit guarantee agreement and the amount guaranteed as KRW 199,750,00 (the change of the amount to KRW 188,00,000) and the term of guarantee to August 21, 2015 (the extension to August 19, 2016 thereafter) and omitted the indication of “stock company” on the Company of the National Bank of Korea (hereinafter referred to as the “Stock company”).

(1) The term “credit guarantee agreement” means a credit guarantee agreement under which the repayment of principal and interest of loan is guaranteed (hereinafter “credit guarantee agreement”).

(2) On March 16, 2016, the Plaintiff concluded a credit guarantee agreement with E companies (hereinafter referred to as “Nonindicted Company”) to guarantee the payment of the principal and interest of loans that the said company owes to a single bank by setting the guarantee period as March 15, 2017 (hereinafter referred to as “second credit guarantee agreement”).

At the time D has jointly and severally guaranteed the indemnity obligation to be borne by the non-party company to the plaintiff in accordance with the second credit guarantee agreement.

3) Around August 26, 2016, D obtained a loan of KRW 235 million from a national bank under the first credit guarantee agreement, and thereafter caused a credit guarantee accident due to loan interest and delinquency. In addition, the non-party company received a loan of KRW 100 million from a single bank based on the second credit guarantee agreement, and subsequently closed the business on August 26, 2016 and caused a credit guarantee accident. 4) The Plaintiff paid to the Han Bank the principal and interest of the non-party company KRW 90,516,688, and the principal and interest of D 189,758,930, respectively, to the National Bank on September 23, 2016.

The rate of delay damages under the Credit Guarantee Agreement is 10% per annum after February 1, 2016.

B. On January 21, 1987, D and Defendant A had two adult children, who were legally married couple who reported marriage on January 21, 1987. On January 10, 2016, written an agreement with the following contents, and filed an application for confirmation of divorce on February 15, 2016.

D and Defendant A are mixed with each other.

D The first immovable property owned by the D is the defendant.

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