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(영문) 부산지방법원서부지원 2019.09.10 2018가단106737
사해행위취소
Text

1. A contract to establish a right to collateral security concluded on October 19, 2017 between B and the Defendant regarding each real estate listed in the separate list.

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff entered into a credit guarantee agreement with the Plaintiff, B, and D, and the Plaintiff: (a) “Guarantee Number E: 315,000,000 won (if any, then changed to KRW 252,00,000)”; (b) the term of guarantee: June 9, 2014 (which was extended until June 8, 2018); and (c) the credit guarantee agreement, the main content of which is “the obligation to repay loans to the Bank of Korea” (hereinafter referred to as “credit guarantee agreement of this case”).

(2) The Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with D Co., Ltd. (hereinafter “D”), which guarantees the performance of each of the obligations described below, and B entered into a contract between the Plaintiff and D under the instant credit guarantee agreement with the Plaintiff on the date of concluding the instant credit guarantee agreement (hereinafter “instant joint and several guarantee agreement”).

According to the loan repayment obligations to G on December 29, 2015 (final extension, December 28, 2017), 2H 25,000,00 (amended: 240,000,000,000) the principal of the loan guaranteed to B on the date of guarantee (the final extension, September 21, 2018), which was issued by J 3 J 240,000,000 (amended: 240,000,000) the repayment obligations to B with respect to the loan guaranteed to B on September 21, 2016 (the final extension, September 20, 201) and the Plaintiff was paid the Plaintiff at the rate of 30,00,000,000 (the repayment obligations of the loan guaranteed to B on October 40, 20,000, 200) and the Plaintiff was paid the Plaintiff’s debt guarantee obligations to B 1,2017.

However, B on November 28, 2017.

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