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(영문) 대구지방법원 서부지원 2018.08.08 2017가단51249
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. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”), as indicated in the following table, entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”). D and D’s spouse, the representative of C, jointly and severally guaranteed the Plaintiff’s obligation under the instant credit guarantee agreement.

The term of guarantee of the first credit guarantee agreement Nos. 1 and 2017 was extended by November 3, 2017, and the term of guarantee of the second credit guarantee agreement was extended by April 21, 2017.

(Loan Amount (Guarantee Rate) 1 E financial institutions on January 14, 2009 (750 million won for small and medium enterprises) 300,000 won (75% of loans) on November 14, 2016 (75% of loans) 300,000,000 won for corporate banks 222 billion won on April 24, 2016 (80% of loans), G 30,000,000,000 won (80,000,000 won for corporate loans) G 1.5 billion won on April 22, 2016 (80,000,000 won for corporate loans) 16,000,0000 won (80,0000,0000,0000 won for small and medium enterprises) on April 21, 2016 (80,000,000,0000 won for loans).

B. On November 19, 2016, C filed an application for rehabilitation proceedings with the Daegu District Court on December 12, 2016, on the occurrence of a credit guarantee accident and the performance of the guaranteed obligation, and C notified the Plaintiff of a credit guarantee accident.

Upon implementing a credit guarantee agreement, the Plaintiff: (a) on December 29, 2016, paid to an enterprise bank KRW 409,58,948; (b) on January 16, 2017, KRW 322,001,845; (c) on January 19, 2017, KRW 40,333,602; and (d) on January 20, 2017, on behalf of the Daegu Bank KRW 322,121,114; and (c) on behalf of the Han Bank on behalf of the Plaintiff on January 20, 2017, collected KRW 7,304,060 from C; and (d) on February 8, 2017.

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