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(영문) 창원지방법원 2019.03.14 2018가단114481
사해행위취소
Text

1. As to KRW 20,558,596 and KRW 20,152,580 among them, Defendant A’s year from June 14, 2018 to February 2, 2019.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A

A. Under the facts found, the facts are either in dispute between the parties or in accordance with the purport of Gap evidence 1 to 4 and the entire pleadings.

1) The Plaintiff is a public-service corporation established with the aim of facilitating its financing by guaranteeing the debts of small and medium enterprises, micro enterprises, etc. in the region where the secured power is insufficient under the Regional Credit Guarantee Foundation Act, and also contributing to the revitalization of the regional economy. Defendant A is a person who requested the Plaintiff to provide credit guarantee for the repayment of the above loan due to lack of secured power when obtaining a loan from Cbank on April 26, 2017. (2) The Plaintiff issued a credit guarantee certificate on April 26, 2017 to Defendant A during the period from April 26, 2017 to April 21, 2018, to obtain a loan from Defendant A for the debts under the agreement with the said Defendant under the Enforcement Decree of the Regional Credit Guarantee Foundation Act and the Enforcement Decree of the Regional Credit Guarantee Foundation and the Plaintiff and the said creditor bank.

3) On April 26, 2017, Defendant A submitted the credit guarantee statement received from the Plaintiff to C Bank, and received a loan of KRW 20,000,000 as the subject of the small and medium enterprise support loan. (4) Defendant A did not pay the principal and interest to the creditor bank despite the expiration of the credit guarantee period, resulting in a credit guarantee accident due to delay in principal and interest. Defendant A, a creditor bank, filed a claim against the Plaintiff for performance of KRW 20,152,580 as the principal and interest of the loan based on the said guarantee certificate.

5) The Plaintiff acquired the claim for reimbursement against the Defendant A by paying the full amount of the said money on behalf of the Plaintiff, and the Defendant A paid KRW 47,500 to the Plaintiff, and KRW 358,516 at the expense for the preservation of execution pursuant to Article 10(1) and (2) of the Credit Guarantee Agreement. (B) According to the above findings of recognition, the Defendant A paid KRW 20,558,596 to the Plaintiff (= KRW 20,152,580, KRW 47,500, KRW 358,516, and its claim for reimbursement.

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