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(영문) 대전지방법원 2017.11.01 2016가합100571
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. First Import Insurance Agreement and Joint and Several sureties Contract 1) A Co., Ltd. (hereinafter “Nonindicted Company”)

on March 10, 2014, Korea Exchange Bank (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”)

(2) On March 10, 2014, the Plaintiff was granted a loan equivalent to US$1,500,000 from the non-party company. (2) The Plaintiff concluded an import insurance agreement with the non-party company to claim against the Plaintiff for the payment of the Plaintiff’s insurance money, delayed payment of 11% per annum, and expenses incurred in exercising the right of compensation (hereinafter “expenses incurred in taking measures for preservation of claims”).

(hereinafter referred to as “1 import insurance agreement”) A. 3) A has jointly and severally guaranteed the obligation of indemnity against the plaintiff of the non-party company under the import insurance agreement of the non-party company under Article 1 (1) (hereinafter referred to as “1 joint and several guarantee agreement”).

B) B. B. A’s act of establishing a right to collateral security (1) Nonparty Company was supplied with steel scrap, etc. from around January 2014 to the Defendant. On April 15, 2014, Nonparty Company was jointly and severally guaranteed with respect to the remaining goods payment obligations of US dollars 3,882,652.42, which Nonparty Company bears against the Defendant, and attached Table 1 [Attachment 1].

I prepared a notarial deed that provides A's share of each real estate stated in the paragraph as security to the defendant.

2) On July 11, 2014, A between the Defendant and the Defendant, the respective shares listed in attached Table 1-A-B(b) of each real estate listed in attached Table 1-A (hereinafter “each shares of this case”).

(2) As to the establishment of the right to collateral security, the Defendant, the debtor company, the non-party company, and the maximum amount of debt KRW 1,320,000,000 was concluded, and on July 14, 2014, the Daejeon District Court received the register office of Daejeon District Court and completed the establishment of the right to collateral security (hereinafter “instant right to collateral security”) based on the said right to collateral security (hereinafter “instant right to collateral security”).

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