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(영문) 인천지방법원 2015.12.24 2015나53933
사해행위취소
Text

1. Upon a claim changed in exchange for the acceptance of the lawsuit at the trial court, the defendant is 37,152,333 won and the plaintiff.

Reasons

1. Basic facts

A. On June 21, 2002, the Credit Guarantee Fund shall be a Co-Defendant A Co-Defendant A, Ltd. of the first instance court on June 21, 2002

B) As to the guaranteed principal, a credit guarantee agreement was concluded on June 22, 2003 with the guaranteed principal of KRW 76,50,000 (the change of the guaranteed principal to KRW 54 million) and on June 22, 2003 (the change from this date to June 13, 2014). Co-Defendant B and C of the first instance court, the representative director of the non-party company, agreed on the same date, jointly and severally liable with the Korea Credit Guarantee Fund for all obligations owed by the non-party company to the Korea Credit Guarantee Fund under the above credit guarantee agreement. At the time of the above credit guarantee agreement, B and C, when the Korea Credit Guarantee Fund fulfilled the guaranteed obligation, the principal and interest thereon and the rate determined by the Korea Credit Guarantee Fund from January 1, 199 to May 31, 2005 (18% per annum from June 1, 2005 to November 30, 2012).

B. After that, the non-party company submitted a credit guarantee certificate issued from the Korea Credit Guarantee Fund under the above credit guarantee agreement and borrowed KRW 90 million from the Korea Credit Guarantee Fund, but lost the benefit of time on September 23, 2013 on the ground of the occurrence of the party fault.

Accordingly, on October 30, 2013, the Korea Credit Guarantee Fund subrogated to the non-party company's remainder of the principal and interest of the loan amount of KRW 54,411,257, and collected KRW 534,960,00 from the guarantee fee refund, etc. to repay part of the principal. As such, the remainder of the amount subrogated by the Korea Credit Guarantee Fund is 53,876,297,297, KRW 54,41,257-534,960, hereinafter referred to as "the claim for indemnity of this case").

(c).

On the other hand, B on September 1, 2013, "real estate of this case" as stated in the separate sheet between the defendant and the defendant on September 1, 2013.

'The sales contract of this case' to sell it to the defendant is called 'the sales contract of this case'

the defendant on September 25, 2013.

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