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(영문) 대전지방법원서산지원 2019.06.20 2017가합50739
사해행위취소
Text

1. On July 8, 2016, each real estate listed in the separate sheet between Defendant A and C agricultural partnership.

Reasons

1. Basic facts

A. The Plaintiff and CFF, D’s credit guarantee agreement, and joint and several guarantee agreement (1) around April 23, 2015, the Plaintiff entered into a credit guarantee agreement between CFF and D (hereinafter “the first agreement of this case”) with a credit guarantee agreement between CFF and D, whereby CFF would provide for the payment of principal and interest on a loan granted from the Korea Development Bank, and the guarantee period from April 23, 2015 to April 22, 2016 (112.00,000,000,000,000,000,000,000,000).

A) A contract is concluded on April 22, 2016, with an additional guarantee principal of KRW 120,00,000, and the guarantee period of the said principal from April 22, 2016 to April 21, 2017 (hereinafter “instant secondary agreement”).

(2) According to Article 6(1)9 of the Credit Guarantee Agreement, when the Plaintiff is notified of the occurrence of a cause for non-performing credit guarantee from the Korea Development Bank, C farming association and D are obligated to reimburse the Plaintiff of the guaranteed amount of each of the credit guarantee agreements of this case even without the Plaintiff’s highest notice.

3) On November 1, 2016, the grounds for non-performing credit guarantee occurred to C farming associations. On December 8, 2016, the Korea Development Bank notified the Plaintiff of the occurrence of the grounds for non-performing credit guarantee by C farming associations. (4) On December 23, 2016, the Plaintiff subrogated the Korea Development Bank for the principal amounting to KRW 120 million under the instant secondary agreement of KRW 120,000,000 with interest of KRW 886,972 with interest of KRW 120,000 with interest of KRW 1,00,000,000 under the instant secondary agreement of KRW 1,07,673 in accordance with the instant mutual agreement.

(b) Disposition of each real estate listed in the separate sheet of CFF.

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