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(영문) 부산지방법원서부지원 2020.07.24 2019가단116953
사해행위취소
Text

1. It was concluded on October 1, 2018 between the Defendants and C as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On September 17, 2013, the date of concluding the joint and several liability guarantee agreement under C’s credit guarantee agreement, Non-Guarantee Number 20,000,000 for the subject of the final guarantee term (hereinafter referred to as “short-term credit guarantee agreement”) on September 13, 2018, the Plaintiff received the notification of the general credit guarantee agreement between the Plaintiff Company and the E-guarantee Credit Guarantee Agreement on September 28, 2018, on September 17, 2013, 200 G 90,000,000, and on April 28, 2015, the Plaintiff received the notification of the general credit guarantee agreement between the Plaintiff Company and the E-Guarantee Credit Guarantee Agreement on April 26, 2015 (No. 30,000,000,000, general credit guarantee agreement on April 28, 2015).

3) On October 30, 2018, the Plaintiff paid a total of KRW 639,321,49,491 to E Bank on behalf of D Co., Ltd. Meanwhile, on October 31, 2018, the Plaintiff collected KRW 3,026,670, a total of the guarantee fees to be refunded to D Co., Ltd. on behalf of D, and collected KRW 20,000,000 from C on behalf of P on October 15, 2019, and collected KRW 20,000 in subrogation in relation to the first credit guarantee agreement. 4) As a result, D and C jointly and severally liable to pay the Plaintiff the amount of KRW 625,634,510 (the amount of subrogated payment by subrogation, KRW 616,294,821 and the amount of subrogated payment by subrogation, KRW 9,339,689, KRW 616,294,821 and delay damages therefrom.

B. C entered into a mortgage contract between C and the Defendants on October 1, 2018, with regard to each of the real estates listed in the separate sheet, “the debtor C, the Defendants of the right to collateral security, and the maximum debt amount of KRW 80,000,000” as to each of the real estates listed in the separate sheet.

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