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(영문) 제주지방법원 2014.07.15 2013가단31815
사해행위취소
Text

1. As to the ships listed in the attached ship list, the ship between Defendant A and Nonparty C was concluded on March 4, 2013.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff entered into a credit guarantee agreement with the Industrial Bank of Korea as described below, and D has jointly and severally guaranteed C’s indemnity liability under a credit guarantee agreement as listed below No. 2. The guarantee period of the lending financial institution (loan amount) was 42,50,000 (50,000,000) and the guarantee amount was 57,00,000 (60,000,000) and 20,000 won until 20,000,000 won on August 17, 2007 (60,00,000,000) were extended by 30,000 won on February 16, 2011, the guarantee period of one of the above credit guarantee agreements was extended by 30,000,0000 won until 203,000,0000 won until 20,313,2013.

3) On April 17, 2013, C caused a credit guarantee accident due to default of national taxes, etc., the Plaintiff sent C a notice to C on April 17, 2013 that “the occurrence of the grounds for insolvency of credit management information registration (including national taxes in arrears)” and that the Plaintiff’s payment of interest at KRW 692,028 on the principal amount under the credit guarantee agreement was made on September 11, 2013 to the Industrial Bank of Korea as a total of KRW 78,104,349 in accordance with the respective credit guarantee agreement (i.e., the principal amount of KRW 32 million under the credit guarantee agreement (i., the principal amount of KRW 32 million) and KRW 45 million under the credit guarantee agreement (i.e., the principal amount of KRW 45 million).

B. C’s act of establishing the right to collateral security against the Defendants 1) C is a contract establishing the right to collateral security with respect to the instant vessel to Defendant B and Defendant B on June 4, 2012 (hereinafter “the right to collateral security”).

The registration of the establishment of the neighboring district court (hereinafter referred to as the "registration of the establishment of the neighboring district court") was received on May 23, 2013 by the Jeju District Court Seopopo District Court No. 76.

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