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(영문) 부산지방법원 2015.11.12 2015가단207774
사해행위취소
Text

1. Article 2-2 (b) between the defendant A and B

On September 22, 2014, the ground for registration of the right to collateral security as stated in the paragraph is concluded.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against B (1) concluded a credit guarantee agreement as specified in the following table with respect to B’s loan from a national bank and an enterprise bank upon B’s request of B managing D, and E jointly paid a repayment obligation to the Plaintiff under the credit guarantee agreement with respect to the above agreement.

On the other hand, B borrowed 40 million won from a national bank on October 30, 2008 and 25 million won from a corporate bank on March 23, 2010 respectively.

On October 24, 2014, a loan institution 132,00,000,000 won for the loan subject with the guarantee period as of the date of guarantee period, a credit guarantee accident occurred due to the registration of credit management information due to the default of national taxes on March 23, 2010, a credit guarantee accident occurred on March 20, 2015, and the Plaintiff subrogated to a national bank or an enterprise bank for the performance of a guarantee obligation by a national bank and an enterprise bank as specified in the following table.

On November 26, 2014, 150,000 won, 150,619 won, 32,150,619 won, 200 won, 155,128 won, 20,300,128 won, totaling 52,145,747 won, 305,747 won, 300 won, 305,747 won, 52,747 won, 300 won, and 20,000 won, from the date of subrogated to November 23, 2014, the Plaintiff filed an application for payment order with the above B and E for the payment order with the Busan District Court No. 2014,52309 won, from the date of subrogated to the date of final payment order with the court No. 2015,271,200 won to the Plaintiff; and the Plaintiff’s payment order with the payment order from the above court No. 201271,214,27,21. 21.27

B. B of a legal act between B and the Defendant, around September 22, 2014, entered into a conclusive claim transfer contract with the Defendant as to the claims specified in paragraph (1) of the Disposition (hereinafter “instant claim transfer contract”).

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