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(영문) 대구지방법원 2020.10.22 2020가합201372
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C entered into a credit guarantee agreement between October 14, 2019 and October 13, 2020 of the guaranteed amount of KRW 442,00,000, and the guarantee period from October 14, 2019 to October 13, 2020 (hereinafter “instant credit guarantee agreement”); and C, upon receiving a credit guarantee certificate from the Plaintiff on October 14, 2019, submitted KRW 520,000 to D (hereinafter “D bank”).

B. Under the instant credit guarantee agreement, in the event C fails to repay its obligation to a financial institution within the scope of the guaranteed amount during the guarantee period, and the Plaintiff performs it, C is obliged to reimburse the amount of the guaranteed obligation subrogated by the Plaintiff, its delay damages, guarantee fees, administrative fines, penalty, and the legal procedure expenses required by the Plaintiff for the enforcement or preservation of the claim for reimbursement. Of the grounds for loss of the benefit accruing from the lending of the financial institution, C sets the current amount of the claim for reimbursement as the requirement for the occurrence of the obligation for reimbursement in advance, and B jointly and severally guaranteed the above claim for reimbursement against the Plaintiff.

C. On December 6, 2019, there was a difference between C and C as a credit guarantee accident.

On the other hand, around December 2, 2019, B entered into a contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 3.7 billion and entered into a pre-sale agreement for the Defendant’s right to claim ownership transfer (hereinafter “instant sales contract, etc.”). Accordingly, B entered into a provisional registration of the Defendant’s right to claim ownership transfer transfer, etc. on December 2, 2019, with the Daegu District Court Branch Branch Branch Branch Branch of the Daegu District Court No. 133161, Dec. 3, 2019, and completed the registration of ownership transfer, etc. on December 5, 2019, with the Branch Branch of the Daegu District Court No. 134509, Dec. 2, 2019, each of them completed the registration of ownership transfer on the ground of sale on December 2, 2019.

E. The instant real estate is the maximum debt amount of 4,680,000.

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