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(영문) 부산지방법원 2016.11.16 2016나43084
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. On December 5, 201, the Defendant and Nonparty B on real estate indicated in the separate sheet between the Defendant and Nonparty B.

Reasons

Facts of recognition

A. The non-party C Co., Ltd. (hereinafter “non-party C”) obtained six loans from the Industrial Bank of Korea (hereinafter “the instant loan claim”) as listed in the following table, and the non-party B, the representative director of which was the non-party B, was jointly and severally guaranteed.

On April 29, 2010, the term of repayment of the loan for the use of funds for items of loan date shall be 1,300,000,000 won for the purchase of machinery for facilities of small and medium enterprises on March 31, 2018, " "70,000,000 won" on March 26, 2018, and "1,200,000,000 won for loans for facilities of restructuring on March 30, 2018; 1,20,000,000 won for loans for facilities of small and medium enterprises on September 15, 2018; 1,50,000 won for new construction of facilities of promotion fund loans for factories on November 29, 2018; 20,000 won for joint and several surety loans for facilities of small and medium enterprises on March 26, 2018; 3.6.20,000 won for loans for facilities of small and medium enterprises on March 20, 2010.

B. When the non-party company delays the repayment of the loan, the Industrial Bank of Korea notified the Credit Guarantee Fund that provided a credit guarantee for a loan to the non-party company on March 22, 2012, and applied for a voluntary auction on April 3, 2012 for real estate owned by the non-party company on the ground of the loss of time limit or other reasons.

C. On May 29, 2012, the Industrial Bank of Korea was subrogated by the Korea Credit Guarantee Fund for KRW 617,500,000 out of the instant loan claims.

On November 27, 2012, the Industrial Bank of Korea transferred the remainder of the claims, other than the part repaid, to the Zininininsule halog halogian on the order of December 21, 2012, to the United Nations Es.S. Specialized Company on Asset-Backed Securitization.

In the course of the voluntary auction of real estate held in the possession of the non-party company, the transferee of the instant loan claim was apportioned KRW 1,955,705,985 as principal and interest on April 4, 2013.

As above, the remainder of claims except for the dividend portion was finally transferred to the Plaintiff on December 5, 2014.

E. The plaintiff is the Gwangju District Court.

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