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Reasons
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(영문) 서울동부지방법원 2020.02.04 2019가단122449
사해행위취소
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1. It was concluded on November 6, 2018 between Company B and the Defendant as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) on April 23, 2015, setting the credit guarantee term as KRW 527,00,000, and KRW 170,000 with the credit guarantee principal as KRW 170,00,00. On April 23, 2014, the guarantee term for KRW 620,000,000 for corporate general loans to E BankF branches of B’s E BankF was until April 23, 2015; the credit guarantee term was 527,00,000,000,000 won with the estimated amount of KRW 85% of the estimated amount of the loan (this later guarantee term is 527,00,000,50,650,0000, 2000, 2010, 2005, 2010, 2005, 2005, 2010.

(2) On April 23, 2014, B obtained a loan of KRW 527,00,000 and KRW 170,000,00 from the said bank as security, from the said bank.

(3) However, the above loan obligations of B occurred after the lapse of the guarantee period on October 20, 2018 and on November 6, 2018, each credit guarantee accident occurred due to the principal and delayed delay, and on behalf of the Plaintiff, the Plaintiff subrogated to the E Bank for KRW 512,652,980 and KRW 174,204,694.

(4) The Plaintiff recovered KRW 665,460 out of the amount of subrogated payment. On the other hand, KRW 2,466,480 of the legal procedure cost, KRW 5,212,240 of the additional guarantee fee, KRW 182 of the finalized amount was added, and the rate of delay damages was 10% per annum from March 21, 2019, which is the date of subrogated.

B. The Defendant’s claim and collateral security contract (1) are social welfare corporations established to conduct the business to protect the self-reliance and rights of the disabled, and H, a business place for the disabled located in Gwangjin-gu Seoul Special Metropolitan City, has its branch office.

(2) On August 1, 201, H entered into a contract with B on a one-year basis with the term of the contract for the consignment of the forest processing, and continued the contract for the forest processing by extending the period every year and continuing the contract for the forest processing.

(3) B) April 30, 2018.

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