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(영문) 대구지방법원 2018.07.06 2016가단130360
사해행위취소
Text

1. As to each real estate listed in Schedule 2:

A. Nonparty C and Defendant B concluded on August 10, 2016.

Reasons

1. Facts of recognition;

A. On August 6, 2013, the Plaintiff concluded a credit guarantee agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) on August 6, 2013, which provides the guaranteed principal of KRW 765 million, and the term of guarantee (hereinafter “the instant credit guarantee agreement”) on August 6, 2014 (the change to August 5, 2016 thereafter) (hereinafter “the instant credit guarantee agreement”). At the time, C, the representative director of the Nonparty Company, at the time, guaranteed the Nonparty Company’s liability for indemnity against the Plaintiff.

On August 7, 2013, Nonparty Company received a loan of KRW 900 million from Daegu Bank under the instant credit guarantee agreement.

B. On December 7, 2015, C entered into a sales contract with Defendant A for each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of transfer of ownership based on the instant sales contract with Defendant A for the instant real estate No. 1 on December 9, 2015.

C. From July 24, 2016, Nonparty Company lost the benefit of time due to the above loan obligations on August 6, 2016, starting to delay interest rates on loans to Daegu Bank.

(hereinafter “instant credit guarantee accident”). D.

C On August 10, 2016, the Defendant Company B (hereinafter “Defendant Company”) entered into a mortgage agreement (hereinafter “mortgage agreement”) with respect to each real estate listed in the attached Table 2 (hereinafter “instant real estate”) as indicated in the attached Table 2, and completed the registration of establishment of a collateral for the Defendant Company on August 11, 2016.

E. On December 23, 2016, the Plaintiff subrogated for KRW 779,245,511 of the principal and interest of a non-party company to the Daegu Bank.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7 (including provisional number), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The Plaintiff’s assertion that Nonparty Co., Ltd. had the interest on loans to the National Bank from November 15, 2015, and to the Joint Livestock Industry Cooperatives from December 3, 2015.

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