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(영문) 부산지방법원동부지원 2019.04.24 2017가단220746
사해행위취소
Text

1. As to KRW 28,446,637 and KRW 25,806,306 among the Plaintiff, Defendant A shall be from December 4, 2018 to December 14, 2018.

Reasons

1. Basic facts

A. (1) The Plaintiff and the Defendant A (hereinafter “D”) between the Defendant A and the Defendant A, who run the “C” on December 6, 2016, and Defendant A, Inc. (hereinafter “D”).

(2) As to the repayment of the principal and interest of loan to be borne by a loan from the lender, a credit guarantee agreement with the maturity of February 6, 2017 (hereinafter referred to as the “credit guarantee agreement of this case”) covering the guaranteed amount of KRW 25,500,000 and the term of guarantee

(2) Defendant A was loaned KRW 30 million from D on December 13, 2016.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) The credit guarantee accident due to the closure of business on September 14, 2017 against Defendant A (hereinafter “instant credit guarantee accident”).

As a result, on December 28, 2017, the Plaintiff subrogated to D for the total amount of KRW 25,806,306,306 (i.e., principal amount of KRW 25,500,000) under the instant credit guarantee agreement (i.e., KRW 306,306). According to the Korea Technology Finance Corporation Act and the instant credit guarantee agreement, when the Plaintiff performed its guaranteed obligation, the Plaintiff is entitled to the additional guarantee fee from the date of performance to the date of full payment, the additional guarantee fee from the date when the Plaintiff performed its guaranteed obligation, the additional guarantee fee from the date when the Plaintiff performed its guaranteed obligation, the additional guarantee fee from the legal procedure expenses incurred by the Plaintiff in exercising or preserving the rights to the Defendant A, and the legal procedure expenses from the Defendant are KRW 29,480 as of the date of the closing of argument in the instant case.

C. On June 30, 2017, Defendant A and Defendant B entered into a sales contract between Defendant A and Defendant B (hereinafter “instant apartment”) as indicated in the separate sheet, which is the only property of Defendant B, between Defendant B and Defendant B.

2) The sales contract with respect to the purchase price of KRW 100 million (hereinafter “instant sales contract”).

(2) On July 21, 2017, Defendant A entered into the instant apartment under the name of Defendant B, which was based on the said sales contract.

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