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(영문) 서울동부지방법원 2016.05.25 2015가단112475
사해행위취소
Text

1.(a)

The sales contract was concluded on August 5, 2013 with respect to each real estate listed in the separate sheet between Nonparty B and the Defendant.

Reasons

1. Facts of recognition;

A. Upon receipt of the request of C Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff issued to Nonparty Company a credit guarantee letter stating that the part of the guaranteed amount shall be borne by each obligee by the Nonparty Company until the due date of guarantee as set out below.

The principal creditor's name guarantee-based loan of 1D Bank 2008-07-11 150,000,000,127,500,000 2013-09-09-13,000, 2008-14 Small and Medium Enterprise Loan of 2009-05-13,000,000 240,000,000 240,000, 2013-09-09-06 2006 2009-06 2009-06 2009-05-13 Small and Medium Enterprise Loan of 3 Fa Bank of 2010-08-3130,000,24,000, 000, 203-208-3010-03

B. Upon the request of B, the Plaintiff issued to B a letter of credit guarantee to provide credit guarantee for the guaranteed portion of the debt to be borne by B to the creditor as set out below.

The amount guaranteed for the loan guaranteed by the name of the principal creditor shall be 4 GI Bank 2009-09-09-08 70,000,000 56,000,000 2013-09-06 2009-06 2009-08 Enterprise General Fund loans in the primary obligation on the date of the execution of the guarantee term.

C. As to the above debt guarantee Nos. 1 through 3, the non-party company bears the burden of the non-party company to each plaintiff, and the non-party company jointly and severally guaranteed all the obligations that the non-party company bears to the plaintiff with respect to

Based on the above Nos. 1 through 3 guarantees, the non-party company borrowed each of the above loans from each creditor bank based on the No. 4 guarantee.

However, on August 30, 2013, Nonparty Company and B lost the benefit of time due to the occurrence of each credit guarantee accident. Accordingly, upon each creditor bank’s filing a claim with the Plaintiff for the performance of each of the guaranteed obligations, the Plaintiff on October 18, 2013 in subrogation of the Bank of Korea, 371,342,503 won, 24,615,747 won, and 24,615,747 won, with the Han Bank on January 22, 2014.

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