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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2017.10.19 2015가단219341
사해행위취소
Text

1. Of the real property listed in Schedule 1,

(a) With respect to C’s 2306 shares (No. 6), Defendant A is entitled to (1).

Reasons

1. Basic facts

A. A. Credit guarantee agreement and subrogation (1) The Plaintiff guaranteed the debt of new technology enterprises and ordinary enterprises which lack security capability under the Korea Technology Credit Guarantee Fund Act, and thereby, helps them to finance the company. D Co., Ltd. (hereinafter “D”) is the client for credit guarantee, and C is the joint and several surety in credit guarantee agreements.

(2) On March 11, 2010, the Plaintiff entered into a credit guarantee agreement with D as of March 11, 201 with the credit guarantee principal of 800,00,000, and the credit guarantee agreement as of March 11, 201 with the credit guarantee term (hereinafter “credit guarantee agreement”) (hereinafter “credit guarantee agreement”), and entered into a credit guarantee agreement as of March 7, 2014 with the credit guarantee principal of 325,00,000,000, and the credit guarantee period as of March 27, 2015 (hereinafter “credit guarantee agreement”) respectively, and C jointly and severally guaranteed D’s obligations as stipulated in the respective credit guarantee agreement.

On March 11, 2010, the Plaintiff issued, respectively, a guarantee number E, amount of KRW 800,000,000, guarantee term until March 11, 2011 (it changed to the guarantee term on September 7, 2015 due to the change of the terms and conditions of credit guarantee after the change of the terms and conditions of credit guarantee) to the National Bank on March 11, 201 pursuant to the Credit Guarantee Agreement, respectively, a guarantee number F, amount of KRW 325,00,00, and amount of KRW 2 guarantee until March 27, 2015.

(3) On March 12, 2010, D borrowed KRW 1,000,000 from the bank from March 12, 2010, but on March 28, 2015, D borrowed KRW 500,000,000 from the bank from March 28, 2014 as a guarantee of the second guarantee certificate, but did not repay the principal and interest of the loan on March 27, 2015, and caused a credit guarantee accident on March 28, 2015.

(4) On July 29, 2015, the Plaintiff subrogated to the Non-Party Bank KRW 1,143,737,804 (the first letter of guarantee, KRW 812,256,681, the subrogated amount of KRW 331,481,123) due to the said credit guarantee accident, and the non-party with respect to the first letter of guarantee.

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