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(영문) 제주지방법원 2019.12.17 2018가단205
사해행위취소 등
Text

1. The sales contract concluded on October 24, 2017 between the Defendant and B with respect to the real estate stated in the separate sheet between the Defendant and B is 115,874.

Reasons

1. Facts of recognition;

A. On April 27, 2016, the Plaintiff concluded a credit guarantee agreement and loans 1) The Plaintiff is a Co., Ltd. incorporated agricultural company of the primary debtor on April 27, 2016.

B) On April 25, 2017, the credit guarantee principal was extended to KRW 170,00,000, and the credit guarantee term was extended to April 24, 2018 (B) with respect to the credit guarantee obligations against D Co., Ltd.

(i)the credit guarantee agreement specified in the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

On April 27, 2016, the non-party company entered into a credit guarantee agreement in accordance with the credit guarantee agreement in this case and borrowed KRW 200 million from D Co., Ltd. as collateral (hereinafter “instant loan”).

2) At the time of the instant credit guarantee agreement, the Plaintiff and the non-party company agreed to reimburse the amount of the guaranteed obligation and the amount of the guaranteed obligation paid by the non-party company, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right

3) At the time of the instant credit guarantee agreement, the auditor B of the non-party company jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff under the instant credit guarantee agreement. (b) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) The non-party company paid only interest out of the instant loan obligations by November 24, 2017 due to business depression, and thereafter paid the interest therefrom by November 27, 2017, and notified the Plaintiff that the credit guarantee accident occurred on December 27, 2017.

2) Accordingly, on January 5, 2018, the Plaintiff subrogated to D Co., Ltd. 170,677,904 out of the principal and interest of loan of this case. Of these, 710,730 won was recovered and the balance of the claim for indemnity due to subrogation is the total amount of KRW 170,110,174 (the amount of subrogated reimbursement - KRW 170,67,904) (the amount of subrogated reimbursement - the recovered amount of KRW 710,730,000).

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