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(영문) 대전지방법원 2019.01.24 2017가합105979
구상금,사해행위취소
Text

1. As to KRW 271,876,304 and KRW 271,537,135 among the Plaintiff, Defendant A shall be from September 6, 2017 to October 25, 2017.

Reasons

Facts of recognition

The Plaintiff’s claim against Defendant A is a non-profit special corporation established for the purpose of contributing to the development of the national economy by facilitating corporate financing through guaranteeing the liabilities of enterprises which lack security capability under the Credit Guarantee Fund Act, and Defendant A operated the tasks with the trade name “C”.

On October 21, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 270,000,000, and until October 19, 2018 (hereinafter “instant credit guarantee agreement”) and issued a credit guarantee certificate necessary for Defendant A to obtain a loan from D Bank (SB).

A subject to the instant credit guarantee agreement, on October 21, 2016, borrowed KRW 270,000,000 from the D Bank as a general fund for business operation. However, on June 30, 2017, a credit guarantee accident occurred due to the closure of business, and the Plaintiff paid KRW 339,169,00 to D Bank upon receiving a request from D Bank for subrogation from D Bank, on September 6, 2017, the Plaintiff paid KRW 271,537,135 ( principal interest KRW 1,537,135).

According to the credit guarantee agreement of this case, where Defendant A pays the principal and interest of a loan by paying the principal and interest of a loan to a lending institution as a result of Defendant A’s failure to perform the obligation to repay the loan incurred to the lending institution at the time of the credit guarantee agreement, the principal and interest of the loan shall be paid damages for delay in accordance with the interest rate determined by the Plaintiff from the date of its implementation. The rate

The Defendant A’s disposal disposition against Defendant B was liable to Defendant B for the amount of KRW 158,642,310 for the purchase of goods. However, on June 27, 2017, the sales of the real estate indicated in the separate sheet (hereinafter “instant real estate”) to Defendant B (hereinafter “instant real estate”).

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