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(영문) 서울중앙지방법원 2017.02.16 2016가합516702
사해행위취소
Text

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

A. It was concluded on December 26, 2014 between Defendant A and C.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff Company D (hereinafter “D”)

B) Between the credit guarantee principal around March 30, 2012, the credit guarantee agreement between the credit guarantee principal and KRW 1,749,600,000,000, and the credit guarantee period from March 30, 2012 to March 29, 2013 (hereinafter “the first credit guarantee agreement”).

D) Around April 2, 2012, a loan of KRW 2,187,00,000 from the Bank as a loan for purchase funds (hereinafter “instant loan”) under the name of the Bank around 2, 200,000 under the pretext of a loan for purchase funds (hereinafter “instant loan 1”).

(2) On April 30, 2012, the Plaintiff entered into a credit guarantee agreement between D and D with the credit guarantee principal of KRW 696,00,000,000, and the credit guarantee period from April 30, 2012 to April 29, 2013 (hereinafter “credit guarantee agreement of this case”). D obtained a loan of KRW 870,00,000 from Busan Bank as security for a loan for purchase (hereinafter “loan 2”).

3) At the time of the conclusion of each credit guarantee agreement in this case, C, the representative director of D, jointly and severally guaranteed all the claims for indemnity that D owes to the Plaintiff under the credit guarantee agreement in this case. 4) According to each credit guarantee agreement in this case, when the Plaintiff performed the guaranteed obligation, D, C, the Plaintiff, the amount paid by the Plaintiff for the performance of the guaranteed obligation, and damages for delay based on the rate determined by the Plaintiff, ② the expenses incurred in the performance of the guaranteed obligation, ② the expenses incurred in the preservation, transfer, and exercise of the right acquired by the performance of the guaranteed obligation, ③ the unpaid guarantee fee, delay, guarantee fee, penalty, ④ the insurance premium paid by the Plaintiff on behalf

B. On March 18, 2015, the Plaintiff, including the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, received notification of a credit guarantee accident from the Bank around March 18, 2015.

Accordingly, the Plaintiff is each of the instant cases.

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