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(영문) 수원지방법원 2015.08.28 2013나19646
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet:

A. On October 201, 2010 between the Defendant and B.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”)

(A) When each credit guarantee agreement (hereinafter collectively referred to as "the instant credit guarantee agreement") is individually referred to in the table set forth below, the term "the instant credit guarantee agreement" shall be set forth in the table set forth below, and when collectively referred, the term "each credit guarantee agreement of this case"

(2) On August 27, 2002, C concluded a credit guarantee agreement (Guarantee Number: D) with the principal of the guarantee and the term of the credit guarantee agreement with C as of August 26, 2010, C extended several times until August 26, 2010. On August 26, 2010, C received a credit guarantee agreement between the Plaintiff and each of the financial institutions under the guarantee for the repayment of principal and interest of the Plaintiff. B, the representative director of C, under each of the credit guarantee agreements of this case, has jointly and severally guaranteed the obligation to pay to the Plaintiff. On February 23, 2011, C concluded a credit guarantee agreement (Guarantee Number: D) with C as of August 27, 2002.

On December 2, 2010, the Plaintiff entered into a credit guarantee agreement (Guarantee Number: M) No. 4 of this case with C, and the credit guarantee agreement of August 26, 2010, which was concluded before not only the credit guarantee agreement No. 4 of this case but also the aforementioned previous credit guarantee agreement of August 26, 2010, stated that “it shall be operated by deducting the balance of the principal obligation from the guarantee limit until the balance of the principal obligation liable for the guarantee in accordance with the old guarantee agreement is repaid.”

On July 31, 2009, Han Bank, as of the date of subrogation for the principal of the guaranteed principal of the financial institution by the date of credit guarantee ( principal) 163,623,074 won (won 159,878,386) on April 12, 201, Han Bank, as of July 30, 201, 172,769,217 won (one68,300,000 won) on March 11, 2011, Han Bank, as of March 11, 2011;

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