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(영문) 대구지방법원 2016.09.29 2016가합200761
사해행위취소
Text

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

A. The Defendant A and Nonparty C concluded on January 23, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement between the Plaintiff and C on September 14, 2010, and the Plaintiff is a company D (hereinafter “foreign company”).

B) As regards the loan of KRW 1,350,00,000 from the Industrial Bank of Korea, the non-party company entered into the following credit guarantee agreements: (a) Of the loan of KRW 1,350,000,000, KRW 550,000,000, the credit guarantee agreement covering the guaranteed principal as of September 9, 201 for securing the payment of KRW 467,50,000,000 (hereinafter “the first credit guarantee agreement”).

(B) (B) A credit guarantee agreement with the guaranteed principal of KRW 680,000,000 for securing the payment of the remainder of KRW 800,000,000 (hereinafter “Second Credit Guarantee Agreement”) and with the maturity of September 9, 2011 (hereinafter “Credit Guarantee Agreement”).

2) At the time, the representative C of the non-party company jointly and severally guaranteed each of the above 1 and 2 credit guarantee agreements with the Plaintiff.

3) On February 13, 2014, the Plaintiff obtained a loan of KRW 1,330,00,000 from the Industrial Bank of Korea from the Industrial Bank of Korea among E (representative C) around February 13, 201, and a credit guarantee agreement between C and E (hereinafter “third credit guarantee agreement”) with the principal of the guarantee for the security of payment, as until February 11, 2022 (hereinafter “third credit guarantee agreement”).

B) Around May 22, 2015, C concluded a credit guarantee accident and the Plaintiff’s subrogation (1) caused a guarantee accident in arrears with interest on loans for small and medium enterprise facilities related to the third credit guarantee agreement to the Industrial Bank of Korea. Accordingly, on November 5, 2015, the Plaintiff subrogated the Industrial Bank of Korea for KRW 367,747,028 (=359,100,000 (interest on loans)) (hereinafter “loan”).

2) Around September 5, 2015, a non-party company caused a guarantee accident against the Industrial Bank of Korea regarding the loan principal of small and medium enterprise loans related to the first and second credit guarantee agreement. Accordingly, the Plaintiff’s total amount of KRW 1,158,88,505 (=472,153,879 won [=467,50,000 (the first agreed principal of the loan)] 686,734,626 won [the first agreed principal of the loan] 686,734,626 won [the second agreed principal of the loan agreement] of KRW 680,00,00 (the second agreed principal)].

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