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(영문) 광주지방법원 2018.01.30 2017가단505198
사해행위취소등
Text

1. The contract to establish a right to collateral security concluded on March 4, 2016 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. (1) On July 13, 2012, the Plaintiff entered into a credit guarantee agreement with D (mutual name): D (mutual name) and Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”).

(2) In relation to the receipt of a loan for corporate driving general funds from the Plaintiff, the credit guarantee contract was concluded by setting the guarantee period of KRW 212,50,000 as of July 11, 2014, and the guarantee period of KRW 200,00, and KRW 200 as of July 11, 2014, and the said credit guarantee contract was jointly and severally guaranteed to the Plaintiff for all obligations that D bears under the said credit guarantee contract. 2) As of July 9, 2014, the term of guarantee was changed until July 10, 2015, and the term of guarantee was changed until July 8, 2016 (hereinafter “the instant credit guarantee contract”); and B consented to the extension of the respective guarantee period in the instant credit guarantee contract.

3) According to the instant credit guarantee contract, when the Plaintiff performed a guaranteed obligation, D and B are required to reimburse the Plaintiff with the amount of the performance of the guaranteed obligation, delay damages therefor, additional guarantee fees, substitute payments, etc. (B) D obtained a loan from the Gwangju Bank as collateral under the instant credit guarantee contract, and on July 8, 2016, it was impossible for Gwangju Bank to pay the loan at the due date, and on August 2, 2016, the Gwangju Bank notified the Plaintiff of the credit guarantee accident as of July 9, 2016 due to delinquency in the principal amount of D.

2) Accordingly, on November 4, 2016, the Plaintiff subrogated to the Gwangju Bank for the principal and interest of KRW 214,840,112 (=principal principal of KRW 212,50,00,000) (=interest of KRW 2,340,112). 3) The Plaintiff filed an application with the Gwangju District Court for a payment order against D and B to pay indemnity amount under the Gwangju District Court 2016 tea20175, Dec. 2, 2016, and rendered a payment order to D and B jointly and severally to the Plaintiff for KRW 217,28,33 and among them, KRW 214,840,112 from November 4, 2016 to December 9, 2016; and KRW 10% from the next day to December 14, 2016 to December 14, 2016.”

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