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(영문) 수원지방법원 2019.03.21 2018나64849
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The plaintiff's lawsuit acceptance and non-party 1) In order for the Korea Technology Finance Corporation to secure the payment of principal and interest of loans from the non-party 2 to the Bank of Korea, the Korea Technology Finance Corporation under the Korea Technology Finance Corporation Act within a certain amount of guarantee and a certain guarantee period. If the Korea Technology Finance Corporation fails to pay the principal and interest of loans to the Bank on behalf of the Bank of Korea, A entered into a credit guarantee agreement with the Korea Technology Finance Corporation to reimburse the amount of the principal and interest of the loans, and then receive the loans from the Industrial Bank of Korea on June 22, 2012 (i) the credit guarantee principal bank for the credit guarantee period of 1.0,00,000, (ii) the Industrial Bank of Korea on September 13, 2016; and (iii) the Korea Technology Finance Corporation notified the Korea Technology Finance Corporation of the balance of the principal and interest of the loans on June 21, 2013; and (iv) the Industrial Bank of Korea on September 25, 2013>

3) Accordingly, the Korea Technology Finance Corporation applied for a payment order against A on October 28, 2016, which sought reimbursement for reimbursement against A, and on November 7, 2016, the written decision of payment order was served on A, and the said decision became final and conclusive on November 22, 2016. 4) Thereafter, the Korea Technology Finance Corporation (Korea Technology Finance Corporation) on April 5, 2017.

When it becomes aware of the real estate disposition of this subsection, cancellation of fraudulent act against the defendant in order to preserve the claim for reimbursement.

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