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(영문) 부산지방법원 2017.11.29 2016가합40968
사해행위취소
Text

1. As to the real estate stated in Attached List No. 1

A. The Defendant A and Nonparty D concluded on October 14, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “E”) concluded a credit guarantee contract.

(B) A credit guarantee agreement between the Plaintiff and the Plaintiff to guarantee the fulfillment of each debt of E as indicated in the table below, and Nonparty D entered into each credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “instant credit guarantee agreement”).

(E) the contract for the joint and several sureties of the E’s debt to the Plaintiff (hereinafter “instant joint and several sureties contract”).

(2) On August 13, 2010, the Bank issued a credit guarantee agreement as security on August 13, 2010 (the final extension of February 5, 2016) the loan repayment obligation to the Bank against the Bank on August 14, 2010 (the final extension of February 5, 2016), including the loan repayment obligation to the Bank on August 285, 2009 (the final alteration of 255,000,000) (the final extension of February 5, 2016), with the Bank on August 13, 2010 (the final extension of February 5, 2016), with the Bank’s loan repayment obligation to the Bank 3H 3H on May 28, 2013.

B. The occurrence of the instant guarantee accident and the Plaintiff’s subrogation E, from May 30, 2015, did not pay interest, etc. on the Industrial Bank of Korea and caused a credit guarantee accident on November 30, 2015 (hereinafter “instant guarantee accident”). Accordingly, on January 27, 2016, the Plaintiff subrogated for KRW 858,301,00 in total to the Industrial Bank of Korea as indicated below.

The sum of the principal and interest on the kinds of claims (i.e., interest and source) 1 small and medium enterprise loan 25,000,000 1,676,636 171,676,636,636 236 25,000,000 2,493,205 257,493,205 2053 small and medium enterprise loan 425,000,0004,131,247,131,247

C. D’s act of disposing of D’s properties 1) D’s act of disposing of the real property in [Attachment 2-4] D’s [Attachment 2-4] donated the real property in [Attachment 2-4] owned by D to Defendant B between Defendant B and his wife on October 2, 2015.

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