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(영문) 수원지방법원안양지원 2020.06.18 2019가단122804
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. The Defendant and Nonparty B concluded on December 31, 2018.

Reasons

Facts of recognition

The Plaintiff entered into a credit guarantee agreement with C (hereinafter “C”) that guarantees the repayment of the principal and interest of loans as indicated in the following table (hereinafter “instant guarantee agreement”). C received loans from the Industrial Bank of Korea under a credit guarantee agreement pursuant to the first and second guarantee agreement. The inside director B, the representative of C, guaranteed the Plaintiff’s obligation to the Plaintiff under the first and second guarantee agreement.

On March 25, 2016, the term of extension of the due date of the Bank of Korea (before March 20, 2020) and the change of the amount (within 90,000,000 won) on March 25, 2016, the term of extension of the term of extension of the guaranteed principal to the Bank of Korea on March 26, 2015, the term of extension of the guaranteed principal to the Bank of Korea on March 25, 2016, and the change of the amount (within 90,000,000 won) on May 31, 2017, 200, the Bank of Korea extended the term of extension on May 31, 202 (within March 31, 2022) due to C’s default on interest payment on June 25, 2019. The Plaintiff subrogated the Bank of Korea on November 6, 2019, concluded the subrogation agreement related to the subrogation agreement between the Bank of Korea.

C In the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, C shall pay both the amount of the performance and the amount of damages in accordance with the calculation method as determined by the Plaintiff from the date of repayment to the date of repayment. Accordingly, the rate of delay damages determined by the Plaintiff is 10% per annum, and the amount of delay damages determined by the Plaintiff is 464 won per annum (i.e., KRW 118 won in the instant guarantee agreement 118 won in relation to the first guarantee agreement, KRW 343), legal procedure expenses 1,824,310, and excluding the amount of recovery from the said money, the Plaintiff’s claim for indemnity against C shall be calculated at the rate of KRW 294,901,476 in accordance with the instant guarantee agreement, and from November 6, 2019 to the date of full payment.

On the other hand, B, on December 31, 2018, falls below the real estate in the separate list owned by B.

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