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(영문) 인천지방법원 2021.02.04 2020가단211060
사해행위취소
Text

1. As to the real estate listed in Attachment No. 1:

A. (1) On September 25, 2019 between Defendant A and G.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff concluded a credit guarantee agreement with the term of February 22, 2018 set the credit guarantee amount of KRW 56,700,000, and the term of guarantee as of February 12, 2020 (hereinafter “the instant credit guarantee agreement”). Nonparty Company was loaned KRW 63,00,000 from the I bank.

G, the representative director of the non-party company, was jointly and severally guaranteed obligations under the credit guarantee agreement of this case against the plaintiff of the non-party company.

(2) The instant credit guarantee agreement includes the following: (a) the time when business is discontinued or it is difficult to continue to operate due to the suspension of operation (Article 5(1)5); and (b) the time when a credit guarantee accident notification or a credit guarantee obligation is requested by a creditor under a credit guarantee agreement (Article 5(1)8); (c) the time when a credit guarantee contract is notified by a creditor to the Plaintiff for payment of a credit guarantee obligation; and (d) the Plaintiff shall be liable

B. On December 17, 2019, the I bank notified the Plaintiff that “the non-party company discontinued its business and caused an accident to guarantee the non-party company as of December 6, 2019.”

(c)

G’s act of establishing the right to collateral security against Defendant A and B (1) on September 25, 2019, G entered into a contract with Defendant A to establish the right to collateral security (hereinafter “instant real estate”) with respect to the real estate listed in No. 1 of the [Attachment List No. 1] (hereinafter “dispositive act”). On September 26, 201, Defendant A entered into a contract with Defendant A to establish the right to collateral security (hereinafter “instant collateral security”) and completed the registration of establishment of the right to collateral security (hereinafter “instant collateral security”).

(2) On September 30, 2019, G entered into a mortgage agreement with Defendant B on the instant real estate No. 1 (hereinafter “the instant disposition”). On October 11, 201 of the same year, G registered the establishment of a mortgage agreement with Defendant B, the maximum amount of claims KRW 78,00,000, and the debtor G (hereinafter “instant mortgage”).

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