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(영문) 수원지방법원 2018.08.28 2018가단517892
사해행위취소
Text

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

A. The sales contract concluded on November 22, 2017 between the defendant and the non-party A is a sales contract.

Reasons

1. Basic facts

A. In accordance with the guarantee request of Nonparty A Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Plaintiff entered into a credit guarantee agreement as follows with respect to the obligation to be borne by the Nonparty Co., Ltd. upon the guarantee of the representative director of the Nonparty Co., Ltd. (the Nonparty Co., Ltd.).

B. On November 24, 2017, Nonparty Company lost the benefit of time for each of the above loans due to the occurrence of a credit guarantee accident arising from the registration of overdue information that began.

Each of the non-party financial institutions requested the Plaintiff to discharge the guaranteed obligation and the Plaintiff subrogated to the non-party New Bank for KRW 648,535,562 on April 11, 2018, totaling the interest on overdue loans due to the foregoing first and fourth guarantees, and the amount of KRW 640,745,931 on April 12, 2018 for the non-party company bank.

C. The Plaintiff collected KRW 2,631,259 on April 11, 2018 from Nonparty Company, and KRW 2,55,480 on April 12, 2018, and appropriated it for the repayment of the amount of indemnity to repay the amount of indemnity.

The balance of the claim for reimbursement due to payment by subrogation based on each of the above guarantees is KRW 1,284,094,754.

On the other hand, the defendant is a company that has continuously been in the transaction relationship with the non-party company since 2015, and on January 30, 2015, the non-party company failed to pay the price for the goods after paying the price for the goods, and the goods transaction was terminated from May 2015.

Upon demanding the payment of the goods to the non-party company, the non-party A and his spouse requested that the non-party C be able to perform the extension of the payment period and the installment payment for the joint and several surety, and on January 15, 2016, a notary public D office No. 2016, a notary public’s D office No. 24, 2016.

(B) Paragraph (2) of this Article. The non-party company paid KRW 50,000,000 each time on January 29, 2016 in accordance with the above debt repayment contract, but later paid the due date, and lost the benefit of time.

E. The non-party company even after the date.

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