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(영문) 대구지방법원서부지원 2019.08.29 2016가합51676
사해행위취소
Text

1.(a)

A sales contract concluded on March 15, 2016 between Defendant A and H on the real estate stated in attached Table No. 1.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against H and I Co., Ltd. (hereinafter “I”) on July 11, 2013.

(ii)the amount of security deposit of KRW 180,000,000 (after this change, KRW 176,000,000);

(B) Until July 10, 2014, the guarantee period was changed by December 9, 2016 ( thereafter, the guarantee period was changed by December 9, 2016).

(i)a credit guarantee contract (hereinafter referred to as “credit guarantee contract”) set forth therein;

I enter into the judgment of the court (hereinafter referred to as the “J”) at that time as security.

(2) On December 13, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”) with the I, setting the guarantee amount of KRW 122,750,000,000 and the guarantee period of KRW 12,750,000 between the I and the I, and the I, up to December 12, 2014 (up to December 9, 2016, the guarantee period was changed thereafter). At that time, I received loans from the Industrial Bank of Korea as collateral KRW 150,00,000 from the Industrial Bank of Korea.

3) On June 11, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “third credit guarantee agreement”) with I as between June 1, 2015, setting the guarantee amount of KRW 520 million and the guarantee period of KRW 10,000,000, and as between June 10, 2016, and “each of the instant credit guarantee agreements” with the said credit guarantee agreement.

I enter into a contract with K (hereinafter referred to as “K”) as security at that time.

4) At the time of entering into each credit guarantee contract of this case, H, the representative director of I, was jointly and severally guaranteed the obligation that I would incur to the Plaintiff according to each credit guarantee contract of this case in the future.

5) On August 4, 2016, the Plaintiff subrogated to J for KRW 177,46,37, and KRW 128,733,840 to K, and KRW 525,898,650 to K, respectively, on the ground of the occurrence of a guarantee accident stipulated in each of the instant credit guarantee agreements due to the suspension of current account transactions by I.D. (B) around May 15, 2016, H sales contract for the real estate listed in attached Table 1 (hereinafter “real estate 1”) (hereinafter “real estate 1”).

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