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(영문) 서울중앙지방법원 2017.10.19 2016가합563425
사해행위취소
Text

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

A. The contract to establish a mortgage concluded on November 19, 2015 between the Defendant and A.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement

(B) The credit guarantee agreement between A and A is in the order of the Credit Guarantee Agreement (hereinafter referred to as the “Credit Guarantee Agreement”) entered in the table below.

A) A concluded a credit guarantee agreement of this case, and A jointly and severally guaranteed the liability for indemnity that the non-party company bears to the Plaintiff pursuant to the credit guarantee agreement of this case. Serially, A paid 9,000,000 No. 2 A No. 2490,000 on December 27, 2013 (Extension until December 23, 2016) to the non-party 1 Non-party 1 Company for the guaranteed amount guaranteed by the guaranteed number guarantee period (the original guaranteed amount) as of the date of concluding the contract of this case, and the amount to compensate the Plaintiff for the expenses incurred by the non-party 1 Company for the performance of the guaranteed liability of the Plaintiff on June 24, 2015 (the extension until June 24, 2016).

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Nonparty Company provided the instant credit guarantee agreement, and received a loan of KRW 110,000,000 from the Nonghyup Bank on January 28, 2016, and caused a credit guarantee accident which would lose the benefit of time on January 28, 2016. A provided a written credit guarantee agreement of this case, and provided a third credit guarantee agreement of this case, and received a loan of KRW 500,00,000 from a national bank, respectively. A provided a third credit guarantee agreement of this case, and received a loan of KRW 50,00,000 from a national bank; for a single bank, a credit guarantee accident which loses the benefit of each time period on January 14, 2016; and for a national bank, the Plaintiff collected part of the same day as indicated below in accordance with each credit guarantee agreement of this case.

The amount of final and conclusive damages incurred by the Plaintiff in relation to the recovered money and the cost of preserving claims shall be included.

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