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(영문) 대전지방법원홍성지원 2015.10.28 2015가단5576
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 23, 2009, the Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation for the loan concluded a credit guarantee agreement with respect to general loan loans to the Nonghyup Bank and an enterprise bank, with the term of KRW 2.5 billion in the guaranteed principal and the term of guarantee as of April 22, 201, setting the period of guarantee as of April 22, 201.

(hereinafter “instant credit guarantee agreement”). E, etc., under the said credit guarantee agreement, jointly and severally guaranteed the Plaintiff’s performance of all obligations owed by the granted landscape.

On April 24, 2009, the grant landscape obtained a loan from the Nonghyup Bank with a credit guarantee certificate issued on April 23, 2010, which provides that the guaranteed principal shall be KRW 700,000 (which shall be changed to KRW 598,50,000) and the guarantee term shall be April 23, 2010 (which shall be changed to December 19, 2014).

On April 27, 2009, the grant landscape obtained a loan from an enterprise bank under a credit guarantee certificate issued on April 26, 2010 with the guaranteed principal amount of KRW 1.8 billion (in this case, it shall be changed to KRW 1.5 billion) and April 26, 2010 (in this case, it shall be changed to December 24, 2014).

Around April 11, 2014, the due date was lost due to delay in paying the principal and interest of loans. Accordingly, the Plaintiff paid the principal and interest of loans to Nonghyup Bank 608,554,800 won and the principal and interest of loans on June 12, 2014 under the credit guarantee agreement of this case on June 12, 2014, respectively, to a corporate bank on June 25, 2014.

B. On February 18, 2014, E entered into a sales contract with Defendant A for each real estate listed in Schedule 1 and 2 (hereinafter “instant first sales contract”), and completed the registration of ownership transfer on February 26, 2014.

E entered into a sales contract with Defendant B on March 28, 2014 for each of the real estate listed in the separate sheet 3 through 7 (hereinafter “instant secondary sales contract”) and completed the registration of ownership transfer on April 2, 2014.

E In excess of its obligation, the Defendant on February 18, 2014.

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