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(영문) 창원지방법원 2021.01.21 2019가합56589
사해행위취소
Text

Among the instant lawsuits, each of the real estate listed in attached Forms 1 and 2 and each of the real estate listed in attached Forms 3 and 4 of attached Tables 3 and 3.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement 1) concluded each credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) between D Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) with respect to the obligation to be borne by the Non-Party Co., Ltd. to the financial institution as listed below.

At this time, the representative director B of the non-party company jointly and severally guaranteed the Plaintiff’s liability for indemnity under each of the above credit guarantee agreements with the company on May 14, 2021, 201, when the amount of the loan to guarantee the loan of the subject of the loan based on the guarantee of the non-party guarantee (won) guarantee date, E 85,000,000 May 16, 201, May 14, 2016.

2) On June 2, 2016, the non-party company loaned 300,000,000 won from the G bank as security, and 950,000,000 won from the H bank on May 19, 2016, but the credit guarantee accident occurred due to the bankruptcy of the party accounts around December 5, 2018.

Accordingly, on December 27, 2018, the Plaintiff subrogated the G Bank to pay KRW 130,255,557 (i.e., KRW 129,540,00, KRW 715,557), and KRW 717,087,564, Dec. 31, 2018 (i.e., KRW 712,494,80, KRW 4,592,764) totaling KRW 847,343,121 (i.e., KRW 130,25, KRW 557, KRW 717,564).

3) On January 2, 2019, the Plaintiff filed an application with the Nonparty Company B for a payment order of KRW 859,506,725 with the Changwon District Court Decision 2019 (i.e., subrogated payment of KRW 847,343,121, subrogated payment of KRW 12,163,604) and damages for delayed payment. On January 3, 2019, the said court accepted the above application and filed an application with the Nonparty Company B for a payment order of KRW 859,506,725 and KRW 130,255,557 with respect to KRW 130,257 from December 27, 2018 to December 31, 2018, with respect to KRW 717,087,564 by the rate of annual suspension of payment from the date of each payment order to the date of each payment order, to 10% per annum 15% per annum.

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