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(영문) 전주지방법원정읍지원 2015.10.28 2014가합2568
사해행위취소
Text

1. On December 10, 2012, the sales contract between the defendant and the stock company as of each real estate listed in the separate sheet No. 1, 509,139.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a legal entity established pursuant to the Korea Technology Credit Guarantee Fund Act for the purpose of business to contribute to the development of national economy by facilitating corporate financing by guaranteeing corporate debts with weak collateral capacity. 2) A corporate entity B (hereinafter “B”) is a legal entity with the objective of business, such as cooling and cleaning electronic parts manufacturing and selling business for cooling and cleaning machinery. The Defendant is a legal entity with the purpose of business, such as plastic generality and manufacturing business, and B representative director C, and D, the Defendant’s representative director.

B. 1) B is a credit guarantee agreement between the Plaintiff and the Plaintiff for the purpose of securing the payment of the loans extended from the branch office of the Bank of Korea (hereinafter “credit guarantee agreement between the Plaintiff and the Plaintiff as of November 10, 2008, including ① the credit guarantee principal of the credit guarantee amount of KRW 340,000,000, and the credit guarantee term until November 10, 2009 (hereinafter “credit guarantee agreement between November 10, 2008”).

(2) A credit guarantee agreement with the credit guarantee principal of 405,00,000,000 won on November 10, 2009 and with the credit guarantee term until November 9, 2010 (hereinafter “credit guarantee agreement with the person of November 10, 2009”).

(2) Each of the above credit guarantee agreements issued by the Plaintiff was concluded. B secured each of the above credit guarantee agreements issued by the Plaintiff, and received 450,000,000 won for small and medium enterprise loans from the Bank of Korea-Eup branch on November 20, 2008, and 20,000 won for regular loan loans around November 10, 2009, respectively.

3) After that, the term of credit guarantee under a credit guarantee contract made on November 10, 208 was extended until November 8, 2013, and the term of credit guarantee under a credit guarantee contract made on November 10, 2009 was extended until November 8, 2013, respectively. 4) With respect to each of the above loans to the Industrial Bank of Korea listed on March 7, 2013, there was a credit guarantee accident due to overdue interest payment on March 7, 2013. The Plaintiff, on June 28, 2013, issued a total of 735,584,784 won at the Industrial Bank of Korea under each of the above credit guarantee contracts made on November 10, 208, pursuant to each of the above credit guarantee contracts made on behalf of the Industrial Bank of Korea on November 10, 2008, and the term of credit guarantee was extended by November 8, 2013.

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