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(영문) 부산지방법원 2017.06.22 2016가합44267
사해행위취소
Text

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

A. It was concluded on October 13, 2015 between Defendant Credit Guarantee Fund and A.

Reasons

1. Basic facts

A. The Plaintiff’s credit transaction agreement 1) On June 5, 2014, the Plaintiff Company B (hereinafter “B”).

(B) the credit transaction agreement of September 5, 2014 (hereinafter “the credit transaction agreement of this case”) with a credit amount of KRW 570 million, interest rate of KRW 12 percent per annum, and the credit period expiration date.

A) Upon entering into a contract of the foregoing kind, A shall provide a joint and several guarantee agreement to the extent of KRW 684 million with respect to all obligations currently and future to be borne by B to the Plaintiff in the said kind of transaction (hereinafter referred to as the “instant collateral guarantee agreement”).

(2) The Plaintiff had extended the credit period of the instant credit transaction agreement every three months, and finally, on December 4, 2015, extended the term of the instant credit transaction agreement by December 4, 2016.

3) B did not deposit interest on February 5, 2016, and did not pay the principal and interest of the loan even after the expiration of the credit period. As of May 2, 2016, B bears the Plaintiff’s obligation of KRW 389,408,700, including the balance of the loan and interest, as of May 2, 2016. (b) The Defendant’s credit guarantee agreement 1) B obtained a loan of KRW 1.7 billion from the Nonghyup Bank on April 18, 2013, and the Defendant entered into a credit guarantee agreement with the Defendant on April 15, 2016 with the credit guarantee period for KRW 1.36 million among the loan, and A entered into a joint and several guarantee agreement with the Defendant as to the obligation of KRW 1.360,000,000,000.

(2) A, on October 13, 2015, who entered into a joint and several guarantee agreement of this case, has each real estate listed in the separate sheet with the Defendant (hereinafter “each real estate of this case”) (hereinafter “each real estate of this case”).

2) As to the debtor’s mortgage contract with B, the maximum debt amount of KRW 1.275 billion (hereinafter “mortgage contract of this case”).

B. Pursuant to the above contract, the registration of establishment of the real estate of this case was made by Busan District Court No. 77975, Oct. 13, 2015.

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