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(영문) 대구지방법원 2018.07.05 2017가단113522
사해행위취소
Text

1. As to real estate listed in the annex 1 list:

A. A sales contract concluded on November 5, 2015 between Defendant A and C (D) is concluded between Defendant A and C.

Reasons

1. The facts under each of the following facts are found either to be in dispute between the parties or to be in accordance with the purport of each entry (including paper numbers) in Gap evidence 1 to 11 and the whole purport of the pleadings, and each entry in Eul evidence 1-5 to 22 shall not interfere with its recognition.

When E.S., upon receiving a loan from the Youngcheon Branch of the Daegu Bank, the Plaintiff provided each credit guarantee as listed below with respect to the repayment obligation of the loan, and E.S., Inc. received a total of KRW 836 million loan.

After the expiration of the guarantee term of No. 2, the guarantee term of the credit guarantee agreement of this case was extended by March 18, 2017.

The amount of loan (guarantee) guaranteed (Guarantee Rate) 1 E financial institutions on March 22, 2012, 202. 49 million won (other facility funds) 44,64 million won (90 million won) on March 22, 2020, 200, 2000,000 won (90% of loans) 2F 2F on March 19, 2013, 2014, 76.5 million won (general loan) on March 18, 2014 (85% of loans) (85% of loans), 3,250,000 won (other facility funds) on June 23, 2014, 2000,000 won (other facilities funds) 2250,000,000 won (90 million won on June 25, 2019) on the aggregate of the loans 83,66,747 billion won.

B. According to the above credit guarantee agreement, C jointly and severally guaranteed the indemnity liability owed to E.S. Plaintiff by E.S. Co., Ltd.

C. According to the above credit guarantee agreement, when an obligor violates the obligation to perform the principal obligation, where a credit guarantee accident is deemed objectively necessary to preserve claims because the obligor’s credit conditions have significantly deteriorated due to the occurrence of reasons, such as overdue information (including related information) in accordance with the credit information management agreement by the Korea Federation of Banks, the obligor and the joint guarantor shall bear the obligation to pay the amount guaranteed by the Plaintiff in advance, even if not notified by the Plaintiff.

In addition, in the event that the plaintiff performs the guaranteed obligation, the debtor and the joint guarantor shall perform the guaranteed obligation of the plaintiff.

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