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(영문) 수원지방법원 2019.05.15 2017가단515608
사해행위취소
Text

1. As to the area of 430 square meters prior to Namwon-si:

A. On October 19, 2016, between the Defendant and C, the reservation to trade concluded on October 19, 201 is revoked and B.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-profit special corporation established for the purpose of contributing to the development of the national economy by guaranteeing the liabilities of enterprises which lack security capability under the Credit Guarantee Fund Act and facilitating the financing of enterprises.

B. D Co., Ltd. (hereinafter referred to as D) applied for the issuance of a credit guarantee certificate to the Plaintiff under an agreement to receive 200 million won from the E Bank. On April 29, 2015, the Plaintiff entered into a credit guarantee agreement with D under the Credit Guarantee Fund Act and issued the following credit guarantee certificates to the E Bank:

At the time, C, the representative director of D, guaranteed the above credit guarantee agreement.

1) Guarantee number: F2. Amount guaranteed: 180,000,000 won (which shall be changed to KRW 170,000,000 thereafter) period: April 28, 2016 (after that change to April 28, 2017).

C. According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the occurrence of the D’s guaranteed event, D agreed to pay all the incidental expenses, such as the amount subrogated by the Plaintiff, damages for delay and penalty in accordance with the prescribed rate, and legal procedure expenses paid by the Plaintiff.

The rate of damages for the amount of subrogation determined by the Plaintiff is 10% per annum from February 1, 2016 to the date.

D On October 29, 2016, 200 million won for loans 200 million won borrowed from E bank as collateral. Accordingly, the Plaintiff paid 172,883,969 won to E bank on March 31, 2017 based on the credit guarantee certificate.

In addition, for the purpose of preserving claims related to the above credit guarantee agreement, the Plaintiff paid the costs of KRW 646,690 (the substitute payment in accordance with the above agreement) to the property of C such as provisional seizure.

As a result, the plaintiff's claim for reimbursement against D and C was KRW 173,530,659 in total (172,883,969 in subrogation payment).

E. Meanwhile, C on September 20, 2016, is a business fund from the Defendant, the father-child, as of September 20, 2016.

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