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(영문) 서울남부지방법원 2019.06.27 2018가합111459
사해행위취소
Text

1. As to each real estate listed in the separate sheet

A. C and Defendant A Co., Ltd concluded on March 6, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”), ① the amount guaranteed on December 6, 2012, KRW 212,50,000, and the credit guarantee period from December 6, 2012 to December 5, 2013, and the creditor bank’s credit guarantee agreement with the creditor bank (amended by November 27, 2017, the amount guaranteed was changed to KRW 162,640,00,000 on April 28, 2017, and the credit guarantee agreement with the creditor bank, respectively, from April 28, 2017 to April 27, 2018, respectively.

(hereinafter referred to as “the instant credit guarantee agreement”, “the first and second credit guarantee agreement”, and “the instant credit guarantee agreement”). C, the representative of D, guaranteed the obligation borne by D to the Plaintiff in accordance with the instant credit guarantee agreement.

B. On February 13, 2018, C entered into an agreement with Defendant B Co., Ltd. (hereinafter “B”) to set the right to collateral security (hereinafter “instant agreement”) on each real estate indicated in the separate sheet owned by oneself as KRW 88,00,000 with the maximum debt amount. On March 7, 2018, C completed the establishment registration of collateral security (hereinafter “instant agreement”).

C. On March 6, 2018, C agreed to establish a collateral security on each real estate indicated in the separate sheet with the maximum amount of the right to collateral security at KRW 32,50,000 with Defendant Incorporated Company A (hereinafter “A”) and the maximum amount of the right to collateral security at KRW 32,50,000. On March 7, 2018, C completed the registration of the establishment of a collateral security by the court No. 43939.

On April 30, 2018, E Bank, a creditor of the 2nd Credit Guarantee Agreement, notified the Plaintiff of the occurrence of a credit guarantee accident in arrears of principal.

At the time of the accident, D's loan balance was KRW 200,000.

E. On July 3, 2018, the corporate bank, a creditor of the first credit guarantee agreement, notified the Plaintiff of the occurrence of a credit guarantee accident in arrears with interest.

At the time of the accident, D's loan balance was KRW 203,300,000.

F. On August 21, 2018, the Plaintiff repaid KRW 179,385,008 to the E Bank, a creditor of the second credit guarantee agreement, on behalf of D on behalf of D.

[Ground of recognition] Unsatisfy, A No. 1.

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