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(영문) 수원지방법원 2019.02.14 2017가단538779
사해행위취소
Text

1.(a)

On August 4, 2016, the real estate stated in the separate sheet Nos. 1 and 2 concluded between Nonparty C and Defendant A is related to each real estate.

Reasons

Basic Facts

The plaintiff of the credit guarantee agreement and C's joint and several sureties concluded a credit guarantee agreement as follows with D Co., Ltd. (hereinafter referred to as "non-party company"):

On September 5, 2014, KRW 595,00,00, out of the funds that E bank intends to obtain from E bank, is the principal of credit guarantee; enter into a credit guarantee agreement with the period from September 5, 2014 to September 4, 2015; and the period of credit guarantee was changed on August 31, 2015 to September 2, 2016; and on September 1, 2016, the period of guarantee was changed to September 1, 2017.

(hereinafter “First Guarantee”). On September 5, 2014, a credit guarantee agreement was concluded between E Bank and KRW 391,00,000, out of the amount that it intends to obtain a loan from E Bank as the principal of the credit guarantee; the credit guarantee period was from September 5, 2014 to September 4, 2015; the term of the credit guarantee agreement was changed from September 2, 2016 to September 1, 2017 to KRW 382,50,000, and the term of the guarantee was changed from September 2017 to September 1, 2017 (hereinafter “Second Guarantee Agreement”).

(hereinafter “third guarantee”). On November 20, 2014, an amount of KRW 486,00,000, out of the amount that the Industrial Bank of Korea intends to borrow from the Industrial Bank of Korea, is the credit guarantee principal; and a credit guarantee agreement was concluded between November 20, 2014 and November 18, 202 with the term of the credit guarantee agreement (hereinafter “fourth guarantee”). In the event of a credit guarantee agreement with the Plaintiff, the non-party company pays to the Plaintiff the principal and interest of the payment, guarantee fee, fine, penalty, penalty, the Plaintiff’s execution and preservation of the Plaintiff’s claim, and expenses incurred in legal procedures, etc., at the rate of calculation method and damages for delay determined by the Plaintiff, shall be paid to the Plaintiff, and when a provisional attachment is decided against the non-party company’s workplace, the notification and peremptory notice shall be given from the Plaintiff.

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