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(영문) 수원지방법원 2020.03.11 2019가단516896
사해행위취소
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1. The sales contract concluded on August 24, 2018 between the Defendant and B on August 24, 2018 with respect to C forest land No. 4,364 square meters between the Defendant and B is KRW 106,77,536.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) as follows (as the sequence below, hereinafter “1 through 7”) and D received loans from the E Bank and the Industrial Bank of Korea as a security of a guarantee issued pursuant to the above agreement:

(B) At the time of the credit guarantee agreement, D agreed to pay the amount stipulated in the agreement to the Plaintiff when the Plaintiff performs the guaranteed obligation to the lending bank, and B jointly and severally guaranteed D’s debt incurred pursuant to the credit guarantee agreement.

(1) Industrial Bank G90,000,000 won (50,000,000 won) of E Bank on November 23, 2012, 2012, KRW 45,00,000 (50,000,000) for E Bank G90,000,000 (100,000,000) for E Bank on December 19, 2014, Industrial Bank of Korea H90,000,000 (10,000,000,000,000 won) 4 December 19, 2014, Industrial Bank of Korea on December 19, 2014, KRW 19,00,00 (10,000,000,000,000,000,000); and

B. D, on September 10, 2018, caused a guarantee accident by filing an application for rehabilitation.

The loan bank sought the repayment of the guaranteed obligation to the Plaintiff.

C. Accordingly, on December 21, 2018, the Plaintiff paid the principal and interest of interest by subrogation to E Bank based on the first and second guarantees, and on December 18, 2018, paid the principal and interest of interest by subrogation to the Industrial Bank of Korea based on the third and seven guarantees.

B The liability for indemnity payable to the Plaintiff in relation to the said subrogation (i.e., KRW 1,263,97,781 (i.e., the unrepaid amount of KRW 1,262,980,696) (i.e., KRW 205 additional guarantee fee of KRW 686,080) and the legal procedure costs of KRW 53,276,257 (the subrogated amount of KRW 1,209,704,439 (the subrogated amount relating to the guarantee of KRW 3 or 7) among them) from December 21, 2018 to December 21, 2018.

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