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(영문) 전주지방법원남원지원 2019.11.06 2019가단10829
사해행위취소
Text

1. A sales contract concluded on March 8, 2018 between the Defendant and B on the real estate stated in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. On September 201 and October 2015, at the request of B Co., Ltd. (hereinafter “B”), the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the content that guarantees B’s obligation of loans to be borne by obtaining loans from the Industrial Bank of Korea (hereinafter “B”).

According to the above, if the Plaintiff discharges the guaranteed obligation to the Industrial Bank of Korea, B pays to the Plaintiff the amount of all incidental obligations, such as ① the amount repaid by the Plaintiff on behalf of the Plaintiff from the date of repayment to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ③ the expenses incurred in the performance of the guaranteed obligation. If a credit guarantee accident occurs, such as the closure of the business or the suspension of operation, etc., the Plaintiff is obliged to pay

B. In accordance with the instant credit guarantee agreement, on September 18, 2015, the Plaintiff issued a letter of credit guarantee determined as follows: (a) the amount guaranteed by KRW 270,000,000; (b) the term of guarantee was changed to September 23, 2016 (out to September 19, 2018); (c) the amount guaranteed by KRW 90,000,000 on October 20, 2015; and (d) the term of guarantee was October 21, 2016 (out to October 22, 2018).

B submitted the credit guarantee statement to the Industrial Bank of Korea, and received loans from the Industrial Bank of Korea on September 18, 2015, KRW 300 million, and KRW 100 million on October 20, 2015.

(hereinafter “instant loan obligations”) C.

The instant loan obligation was lost due to business suspension on July 23, 2018, and the Plaintiff paid KRW 362,324,725 to the Industrial Bank of Korea on September 17, 2018 upon the Industrial Bank of Korea’s request for the performance of the guaranteed obligation based on the said credit guarantee agreement.

Afterward, the Plaintiff paid 2,682,020 won out of the principal amount of subrogated payment equivalent to that of the above amount which the Plaintiff had against B according to the credit guarantee agreement in this case.

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