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(영문) 창원지방법원밀양지원 2016.05.18 2015가단11276
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on November 27, 2014 between the Defendant and A regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On November 20, 208, the Plaintiff was finally changed on November 20, 2009 by November 20, 2009 (the period of guarantee was changed to December 18, 2015).

(A) concluded a credit guarantee agreement prescribed by the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).

(2) On the same day, A has jointly and severally guaranteed the obligation of indemnity to be borne by B in accordance with the aforementioned credit guarantee agreement. (2) The main contents of the instant credit guarantee agreement relating to the instant case are as follows: (i) The Plaintiff may make a prior indemnity without prior notice or demand if any of the following events occurs with respect to himself/herself; and (ii) in such case, the principal and the joint guarantor shall bear the obligation of advance reimbursement without objection.

3. When a request for rehabilitation procedures, bankruptcy procedures or commencement of individual rehabilitation procedures is filed or entered in the liquidation;

8. When the Plaintiff receives a notification of a credit guarantee accident or a claim for the performance of surety obligation from a creditor of credit guarantee under a credit guarantee contract among the creditors of other credit guarantee businesses under this agreement and a creditor of other credit guarantee companies, the principal and the joint guarantor shall be paid in full the amount falling under any of the following subparagraphs when the Plaintiff has fulfilled surety obligation:

1. The same amount as guaranteed liabilities are discharged;

3) Around November 208, 2008, B Co., Ltd. submitted a credit guarantee statement issued by the Plaintiff under the instant credit guarantee agreement to the Industrial Bank of Korea. The Industrial Bank of Korea borrowed KRW 270,00,000 from the Industrial Bank of Korea. (4) around May 6, 2015, the Industrial Bank of Korea notified the Plaintiff of the occurrence of the instant credit guarantee accident, which caused the occurrence of the instant credit guarantee accident, which caused the Plaintiff to lose the benefit under B. On June 19, 2015, the Plaintiff subrogated the Industrial Bank of Korea to KRW 232,128,548 of the principal and interest of B, pursuant to the instant credit guarantee agreement

B. A’s act of disposing of property A shall be recorded in the attached list with the Defendant on November 27, 2014.

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