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(영문) 의정부지방법원 2017.07.07 2016가단126746
사해행위취소 및 배당이의의 소
Text

1. The contract to establish a right to collateral security concluded on April 27, 2015 between the Defendant and A regarding the real estate stated in the separate sheet between the Defendant and A.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. with the guaranteed principal as of March 20, 2015, with the term of 170,000,000 won, and as of March 20, 2015, C’s representative director A guaranteed a debt under the said credit guarantee agreement with C on the same day, and C received a loan from the Korea Exchange Bank. 2) The term of the said credit guarantee agreement was changed to March 18, 2016.

3) A credit guarantee accident occurred on July 26, 2015 due to the delay in payment of interest of C. The Plaintiff received an order to pay KRW 171,629,260 from the Korea Exchange Bank on October 1, 2015, by subrogation of KRW 171,629,260, and upon receipt of an application for payment order against C and A under Seoul Eastern District Court 2016 tea459, Jan. 13, 2016; “C and A jointly and severally agreed to the Plaintiff, and KRW 170,606,000 among them, were 12% per annum from October 1, 2015 to January 18, 2016, and KRW 15% per annum from the following day to the date of complete payment; and the said order was concluded with C and C on February 21, 2016 to supply the goods under joint and several surety insurance contract with C and the Plaintiff on February 214, 2016.

2 Under the above product supply contract, the Korean Textiles supplied the processed site and place of production to C over 64 times from January 3, 2015 to April 28, 2015. However, C paid only KRW 77,829,548 out of the total amount of KRW 1,948,315,628 until May 4, 2015, and the remainder of KRW 1,170,486,080 was not paid. The textile against C and B applied for a payment order to C and B under the 2015,73, 2015, 205, and the payment order was issued on July 25, 2015.

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