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(영문) 대구지방법원 2017.10.20 2016가합201641
사해행위취소
Text

1.(a)

The reservation to sell and purchase each real estate listed in the separate sheet 1 between B and the defendant shall be revoked on December 23, 2015.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a guarantee agreement with C Co., Ltd. (hereinafter “C”) and issued each credit guarantee agreement (hereinafter “the instant guarantee agreement”) and each credit guarantee agreement with the Industrial Bank of Korea and the Korea Development Bank. The Plaintiff jointly and severally guaranteed C’s indemnity obligations.

On December 3, 2010, the term "guarantee number of the Bank of Korea" means the amount of a loan extended by D 425,000,000,000 for corporate purchase on December 2, 2011 (Extension of December 28, 2015), whichever is the date of issuance of the guaranteed principal, and the amount of a loan extended by the Bank of Korea on December 4, 2015. E 425,000,000,000 for Industrial Operation Fund of Korea on December 2, 2015; the term "Industrial Bank of Korea" means the amount of a guarantee bond issued by the Bank of Korea on December 4, 2015; and C.30,000,000,000,000 for the guaranteed principal of the guaranteed principal; and C.30,000,0000 won for the guaranteed loan issued on December 4, 2015;

(3) Since December 15, 2015, C began to delay the payment of the loan from around December 15, 2015, and around December 29, 2015, C lost the benefit of time due to the fact of registration of default information and did not repay the principal and interest of the instant guarantee agreement.

On February 22, 2016, Feb. 23, 2016, the amount of subrogated payment for the Guarantee Bank with the Guarantee Bank No. 156,268,734 (4) of the FK on February 22, 2016, the Plaintiff repaid the principal and interest of the loan in accordance with the instant Guarantee Contract around February 22, 2016, as follows: (a) on February 22, 2016, the amount of unpaid balance of the legal procedure expenses paid by the company for securing the claim for reimbursement against C is KRW 9,137,970,970 among the expenses for the legal procedure expenses paid by the company for securing the claim for reimbursement against C.

(5) The Plaintiff around August 17, 2016.

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