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(영문) 수원지방법원성남지원 2017.08.22 2015가합207460
사해행위취소
Text

1. Defendant A’s year from June 17, 2016 to August 23, 2016 to KRW 323,968,090 to the Intervenor succeeding to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (i.e., the Plaintiff) entered into a loan agreement (hereinafter “each of the instant loans”) with C Co., Ltd. (hereinafter “C”) as listed below, and (ii) paid the loans to C after entering into the said loan agreement (hereinafter “each of the instant loans”).

C paid interest on each of the instant loans by August 31, 2015.

On November 19, 2012, the interest rate for delay in the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the agricultural food and food enterprise of the maximum of 17% per annum on October 31, 2015, 200 million won on November 19, 2012, 300 million won on August 30, 2015, general loans of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the general loan of the 10 million won on November 30, 2015, the maximum of 17% per annum on October 31, 2015, 4.300 million won on August 1, 2014.

B. Defendant A, the representative director of C, was the joint and several sureties’s respective loan obligations as listed below (hereinafter “each of the instant joint and several sureties,” and the said joint and several sureties’s respective joint and several sureties’s respective loan obligations were as follows.

(A) On October 31, 2013, Defendant A jointly and severally guaranteed the Plaintiff’s obligation at present or in the future. On November 31, 2012, 2012, the amount of the loan extended on the date of the guarantee agreement (hereinafter “the guarantee agreement”) shall be KRW 54 million for a specific collateral guarantee of KRW 54 million on November 19, 2012, 2012, the specific collateral guarantee of KRW 120 million on November 20, 2012; KRW 30 million on March 31, 2013, the limited collateral guarantee of KRW 60 million on October 31, 2013; KRW 40 million on August 36, 2014, the specific credit guarantee of KRW 3600 million on August 36, 2014, the specific period of KRW 300 million on the date of guarantee agreement.

C. On August 31, 2007, D Co., Ltd. (hereinafter referred to as “Ei Real Estate”) obtained a loan from the Nonghyup Federation of Nonghyup Cooperatives (the Plaintiff was established by spin-off of the credit business portion of the Nonghyup Federation of Nonghyup Cooperatives) on the land and its ground buildings (hereinafter referred to as “Ei Real Estate”), which are owned by C, due to the future credit transactions in the Plaintiff.

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