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(영문) 부산지방법원 2018.08.29 2017가합48716
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, including the status of the parties, is a special corporation established under the Credit Guarantee Fund Act in order to guarantee the company’s obligations and facilitate its financing. The Defendant is a corporation established for the purpose of real estate consulting business, real estate sale and lease business, and its representative is C, which is an internal director.

B. 1) The Plaintiff is a D Co., Ltd. (hereinafter “D”).

B) Between the Plaintiff and the Plaintiff, as indicated in the table below, a credit guarantee agreement guaranteeing the performance of each obligation of D (hereinafter “instant credit guarantee agreement”).

(B) Each contract was concluded between the Plaintiff and the Plaintiff for joint and several sureties’s debt to D under the instant credit guarantee contract (hereinafter “instant joint and several sureties contract”).

(2) According to the credit guarantee agreement of this case on April 28, 2016, pursuant to the credit guarantee agreement of this case on April 28, 2016, the D and the joint guarantor shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of the guaranteed obligation, calculated by multiplying the amount of the guaranteed obligation to the Plaintiff and the interest rate prescribed by the Plaintiff (12% per annum from December 1, 2012 to December 1, 2012) calculated by the repayment date of the guaranteed obligation to the Bank (1,70,000,000,000) on April 28, 2015.

(3) Article 10(3) of the Act provides a credit guarantee certificate to the Industrial Bank of Korea on the basis of the instant credit guarantee contract, and received a loan from the Industrial Bank of Korea. (3) However, D filed an application for corporate rehabilitation on April 28, 2016 with Busan District Court 2016Kahap106 (hereinafter “instant credit guarantee accident”), thereby causing a credit guarantee accident stipulated in the instant credit guarantee contract (hereinafter “instant credit guarantee accident”). The Plaintiff on June 2016.

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