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(영문) 대구지방법원 2018.08.21 2018가단105733
사해행위취소
Text

1. As to real estate listed in the annex list:

A. It was concluded on November 13, 2017 between B and the Defendant.

Reasons

1. Basic facts

A. 1) Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and “Nonindicted Co., Ltd.”

(2) After concluding a credit guarantee agreement between the Plaintiff and the Plaintiff as stipulated in the credit guarantee agreement between April 14, 2016, the guaranteed principal, KRW 986,340,00, and the guarantee period from April 14, 2016 to April 13, 2026, the company received a credit guarantee agreement between the Plaintiff and the Plaintiff as collateral and offered as collateral to a D Bank, and KRW 986,340,00 from D Bank as collateral, ② the guaranteed principal on September 13, 2016, KRW 30,000,000, guarantee period from September 13, 2016 to September 12, 2017 (this, after the guarantee period, until December 22, 2017, the repayment period of the credit guarantee agreement was changed to the principal of the Credit Guarantee Fund as stipulated by the Enforcement Decree of the Credit Guarantee Fund Act, and the amount of the credit guarantee fee and the penalty paid by the Plaintiff to the Plaintiff as collateral guarantee institution.

3) At the time, B, as the representative director of the non-party company, jointly and severally guaranteed the above credit guarantee agreement. (b) The occurrence of a credit guarantee accident and the non-party subrogation company lost the benefit of time after the occurrence of the credit guarantee accident on December 20, 2017, D Bank requested the Plaintiff to discharge the guaranteed liability, and the Plaintiff subrogated the Plaintiff to D Bank for KRW 1,294,590,834 on February 12, 2018.

B As to November 2017, 2017 between the defendant and B.

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