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(영문) 부산지방법원 2019.12.18 2019가합45117
사해행위취소
Text

1.(a)

B An act of paying money of KRW 34,028,103 on March 9, 2018 to the Defendant, 25,656,897, and 34,028,103 on March 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement between B and B (C) on July 6, 201, 201, the date of guarantee number guarantee (the term of guarantee) and the date of guarantee guarantee (won) 1D 1D 6, 201 ( December 28, 2018), E bank loans 85,000,000, and 27 December 27, 2016 ( December 24, 2021).

B. The Plaintiff’s credit guarantee claim acquisition 1) B submitted a credit guarantee statement issued by the Plaintiff pursuant to the instant credit guarantee agreement to the E Bank, and received a loan from the E Bank as listed below. The Plaintiff subrogated to the E Bank on July 17, 2018 due to a credit guarantee accident due to natural substances, etc. (hereinafter “the instant credit guarantee accident”) as stated below, 1D 12/40,000 of the loan amount of the E Bank’s loan from the date of lending the guarantee number 12/5,000 of the loan amount of the E Bank’s annual loan from May 12, 2017.

(1) On January 18, 2019, E Bank 1 E Bank 85,00,000,003,153,7328,153,732 2 E Bank 107,141,670,267,788 101,39,415 (-11,01,010,670,043) totaled 192,141,670,6708,421,5201,5201,520,53,573,573) of the principal payment on the date of subrogated as of January 18, 2019; on the other hand, if the principal obligation is not performed within the warranty period under Article 35 of the Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, the Plaintiff’s obligation to compensate the Plaintiff for the amount of guaranteed debt and the penalty arising from subrogation under the agreement to compensate the Plaintiff (hereinafter “instant penalty”).

(4) The Plaintiff filed an application with B for a payment order seeking reimbursement under the Busan District Court’s Dong Branch Branch 2019 tea 19374.

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