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(영문) 인천지방법원 2020.01.15 2018나68530
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established with the purpose of guaranteeing the debt of an enterprise which lacks collateral capacity under the Credit Guarantee Fund Act to support its own financing source.

B. On September 2, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with C as a credit guarantee principal between September 2, 2013 and the amount that C wishes to obtain a loan from E (hereinafter “E”) and KRW 121,50,000, out of the amount that C wishes to obtain a loan from F (hereinafter “F”), from September 2, 2013 to August 31, 2018; and on October 13, 2014, the Plaintiff entered into a credit guarantee agreement with each of the credit guarantee agreements (hereinafter “each of the instant credit guarantee agreements”).

C. C was granted loans of KRW 200,000,000 from E on September 4, 2013, and KRW 135,00,000 from F on October 13, 2014, in accordance with each of the instant credit guarantee agreements.

C On November 30, 2017, the Defendant entered into a sales contract of KRW 280,000,000 for the purchase price (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as indicated in the separate sheet No. 1 (hereinafter “instant sales contract”) with the Defendant, and the down payment of KRW 215,00,000 for the said contract is to be paid simultaneously with the contract; however, each collateral No. 1, 2, 5 of the instant real estate, the G association formed

7. The instant collective security (hereinafter referred to as “each of the instant collective security”).

The balance of 65,00,000 won was paid on January 21, 2018, and the registration of ownership transfer was completed in the name of the defendant on the same day.

E. On January 5, 2018, C had caused a credit guarantee accident for which the application for commencement of rehabilitation proceedings was filed with the Incheon District Court 2018Mo2, and E and F claimed the Plaintiff to discharge the guaranteed obligation under each credit guarantee agreement of this case.

On the other hand, on April 10, 2018, C received a decision to permit withdrawal on the application for commencement of the rehabilitation procedure at the above court.

(f).

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