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(영문) 광주지방법원순천지원 2015.08.18 2014가단16368
사해행위취소
Text

1.(a)

A sales contract concluded on February 18, 2014 with respect to each real estate listed in the separate sheet between the defendant and B shall be 140,189.

Reasons

1. Basic facts

A. On May 3, 2013, the date when the principal debtor entered into a credit guarantee agreement (guarantee No. 1 B) and May 3, 2013, creditor 1 B; (C) 7.6 million won from the date when the principal debtor entered into a credit guarantee agreement; and (d) 4.2.5 million won from the date when the loan was made in two years from July 15, 2013; and (e) 2.5 million won from the date when the loan was made in five years from October 1, 2013 to the date when the loan was made in two years from the date when the loan was made in five million won; and (e) the Plaintiff entered into a credit guarantee agreement no more than two years from the date when the loan was made in two years from the date when the loan was made in five million won to December 19, 2013 and the Plaintiff entered the credit guarantee agreement no more than two years from the date when the loan was made in two years from the date when the loan was made in five million won to 5 million won.

(2) According to each credit guarantee agreement of this case, where the Plaintiff performed the guaranteed obligation, B shall pay damages according to the rate of interest (12%) set by the Plaintiff (12%) from the date of performance amount and performance date as well as the expenses incurred in the performance of the Plaintiff’s guaranteed obligation, and the right acquired from the performance of the guaranteed obligation (including the right acquired by the prior right to indemnity) (Article 11(1) and (2) of the Credit Guarantee Agreement. The method of calculating the amount of damages and expenses is determined by the Plaintiff.

(Article 11(3) of the Credit Guarantee Agreement).

1) The occurrence of a credit guarantee accident and subrogation, etc. are likely to result from the sale of each real estate of this case, which is the place of business, to the Defendant on June 25, 2014, as examined in the judgment of bad debt. The credit guarantee accident on the ground of this case occurred, and the Daung Livestock Agricultural Co., Ltd. filed a claim against the Plaintiff on May 25, 2014. 2) The Plaintiff made a claim against the Plaintiff on June 26, 2014, pursuant to the first credit guarantee agreement of this case against the Daung Livestock Agricultural Co., Ltd. on June 26, 2014.

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