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(영문) 전주지방법원 2016.10.18 2015가단21822
사해행위취소
Text

1. As to each real estate listed in the Schedule of Attached 1:

A. On February 16, 2015, between the defendant and the non-party border farming association corporation.

Reasons

1. Basic facts

A. 1) The Plaintiff is a full-time farming association corporation (hereinafter referred to as “full-time corporation”).

(2) A credit guarantee agreement between September 3, 2014 and September 3, 2015, between ① a credit guarantee amount of KRW 1,720,00,000, and a credit guarantee agreement between September 3, 2014 and September 3, 2015, and ② a credit guarantee agreement between September 3, 2014 and September 3, 2015 (hereinafter “each credit guarantee agreement of this case”).

(2) According to each credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the non-party corporation shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages according to the ratio set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation

3) The non-party corporation is a credit guarantee instrument issued by the Plaintiff pursuant to the respective credit guarantee agreement of this case, as collateral, the Nonghyup Bank Kim Jong-si branch (hereinafter “CF”).

3,195,00,000 won (=2,150,000 won (credit guarantee) 1,045,000,000 won (credit guarantee 1,000 won)) was loaned. (b) When the Plaintiff’s subrogation corporation did not pay the principal and interest of loan, the Nonghyup Bank requested the Plaintiff to discharge the guaranteed obligation. On April 29, 2015, the Plaintiff subrogated for KRW 2,68,582,930 (=1,725,439,217 (credit guarantee 1), 943,143,713 (credit guarantee 2) to the Nonghyup Bank (hereinafter “instant real estate”).

As to the maximum debt amount of KRW 1,000,000,000, the additional collateral security agreement between the debtor, the non-party corporation, and the mortgagee as the defendant (hereinafter “the additional collateral security agreement of this case”).

B. A contract was concluded on February 25, 2015, which was based on the receipt of the original district court, No. 2458.

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