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(영문) 대전지방법원 2017.10.26 2016가단203596
사해행위취소
Text

1.(a)

No. 354 of 2015, dated January 19, 2015, is based on the No. 354 of notary public office between the defendant and B.

Reasons

1. Facts of recognition;

A. When entering into a credit guarantee agreement with D Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff guaranteed the obligation to repay the principal and interest of loan to be borne by the Nonparty Company by receiving the loan from the NAF, etc. At that time, B jointly guaranteed the obligation to reimburse the Plaintiff of the non-party company. Since the non-party company incurred the credit guarantee accident around January 2006, the Plaintiff repaid the non-party company 442,212,904 won to the financial institution that received the loan on behalf of the non-party company on behalf of the non-party company, and then paid the non-party company 442,212,904 won to the non-party company on behalf of the non-party company, then Daejeon District Court Decision 2006Ga7178,207Ga3364 (Joint) decided May 9, 2007 by filing a lawsuit against B seeking revocation of the fraudulent act, etc., and sentenced B to the said court’s ruling of 446,6974 won to 42,2904% annually.

B. With respect to the repayment of the loan to the defendant in B, the defendant and B enter into a contract for the repayment of the loan amount of KRW 200 million on September 1, 2005 with the effect that the loan amount of KRW 200 million shall be repaid until September 7, 2005, and they shall enter into a contract for the repayment of the loan amount of KRW 8463 (hereinafter "the first notarial deed") at the E Notaries Joint Office on the same day with the notary public's office with the effect that the loan amount of KRW 19,758,66 on January 26, 206 shall be repaid on February 1, 2006 and agreed for the repayment of the loan amount of KRW 720 (hereinafter "the second notarial deed") at the E Notaries Joint Office with the intent that the loan amount of KRW 18,756,266 shall be repaid at any time on May 23, 2008 and agreed for the repayment of the loan amount of KRW 208 (hereinafter "the second notarial deed").

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