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(영문) 서울남부지방법원 2016.08.11 2015가합109899
사해행위취소
Text

1. A sales contract concluded on November 12, 2014 between the Defendant and B on real estate stated in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) The purpose of the Plaintiff is to ensure the debt of an enterprise which lacks security capacity and facilitate the financing for the enterprise, and the Plaintiff is a corporation established under the Korea Technology Credit Guarantee Fund Act. 2) B Co., Ltd. (hereinafter “Nonindicted Company”) is a company that received funds from the Industrial Bank of Korea on the Plaintiff’s guarantee, and the Defendant acquired the ownership of real estate listed in the separate sheet (hereinafter “instant real estate”) from the Nonparty Company on November 12, 2014.

B. Each credit guarantee agreement and financing loan 1) On May 8, 2009, the Plaintiff changed the guaranteed amount to KRW 237.5 million between the non-party company and the non-party company (after that, the guaranteed amount was changed to KRW 212.5 million.

(A) As to the Credit Guarantee Agreement established by the end of May 7, 2010 (hereinafter referred to as the “One Guarantee Agreement”).

A) Upon entering into a credit guarantee agreement, the non-party company submitted the said credit guarantee agreement to the Industrial Bank of Korea on the same day and received a loan of KRW 250 million by setting the expiry date as May 7, 2010. After that, the Plaintiff extended the guarantee period under the first guarantee agreement with the non-party company on five occasions each year (finally changed guarantee period is April 30, 2015).

(2) On September 6, 2012, the Plaintiff concluded a credit guarantee agreement between the non-party company and the term of guarantee (hereinafter “the term of guarantee agreement”) and issued a written credit guarantee agreement between the non-party company and September 6, 2013 (hereinafter “the term of guarantee agreement”).

On the same day, the non-party company submitted the credit guarantee statement to the Industrial Bank of Korea and received a loan of KRW 600 million until September 6, 2013.

After that, the plaintiff extended the guarantee period under the second guarantee agreement with the non-party company twice every year, and finally changed.

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