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(영문) 대구지방법원 2016.12.22 2014가합206468 (1)
사해행위취소
Text

1. It was concluded on April 30, 2014 with respect to the share of 4/10 of each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. (1) The Plaintiff, including the conclusion of a credit guarantee agreement, concluded a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to guarantee the performance of each of the obligations of Nonparty Co., Ltd. as indicated in the following table (hereinafter “each of the above credit guarantee agreements”) and the representative director B of the Nonparty Co., Ltd. jointly and severally guaranteed the obligations of Nonparty Co., Ltd. to the Plaintiff according to each of the instant credit guarantee agreements.

According to the credit guarantee agreement of this case, on April 15, 2008, 200 (amended 198,400,000) of the guaranteed principal on the date of guarantee (the extended 198,400,00) the loan repayment obligation to the Daegu Bank (hereinafter “Tgu Bank”) for the Daegu Bank (hereinafter “Tgu Bank”) on April 15, 2008 (the extended 10,400,000,000 on June 12, 2013, 2013 (Extended 12, 2015, June 12, 2015), under the credit guarantee agreement of this case, the non-party company and the joint and several several surety company (hereinafter “Korea L&C”), and the expenses incurred from the exercise of the guaranteed obligation to the Plaintiff during the period from the date of discharge of the guaranteed obligation to the date of discharge of the guaranteed obligation; and (2) the expenses incurred by the Plaintiff were paid annually from the date of discharge of the guaranteed obligation to the Plaintiff.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) Nonparty Company was issued a credit guarantee agreement under each of the instant credit guarantee agreements and offered as security to the Daegu Bank and the Han L&C, and received a loan from the Daegu Bank, and received goods from the Han L&C.

(2) However, the non-party company caused a credit guarantee accident on October 14, 2014, and accordingly, the Plaintiff paid 300,000,000 won to the Hanan L&C on October 27, 2014, and 198,814,900 won by subrogation to the Daegu Bank on October 29, 2014, respectively, and 498,814,900 won by subrogation on October 29, 2014 =30,000,000,000 won by 198.

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