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(영문) 수원지방법원 2018.11.15 2017가단520792
사해행위취소
Text

1. As to real estate listed in Attachment 1:

A. On November 3, 2016, concluded between D and Defendant A.

Reasons

1. Basic facts

A. Conclusion of a credit guarantee agreement and D’s joint and several sureties 1) The Plaintiff is a Co., Ltd. E (hereinafter “Nonindicted Company”).

(2) On October 11, 2016, the Plaintiff entered into a credit guarantee agreement with the following contents. Nonparty Company received a loan from a financial institution pursuant to the credit guarantee agreement of this case. On July 14, 2016, the principal guaranteed on the date of the credit guarantee agreement, the creditor execution date of the loan, the Industrial Bank of Korea worth KRW 1 billion on July 15, 2016, and KRW 52.8 billion on October 14, 2017, 2017, the Plaintiff agreed to pay the principal and interest on the loan to the Plaintiff within the annual interest rate of 25% (from December 13, 2012, 2016, KRW 660 million on October 14, 2016, KRW 200,000,000,000 from the date following the date of each credit guarantee agreement of this case, to the extent that the Plaintiff paid the principal and interest on the loan to the Plaintiff and the interest thereon within the annual interest rate of 25%.

D, the representative director of the non-party company, under each credit guarantee agreement of this case, guaranteed the debt owed by the non-party company to the plaintiff.

3) Meanwhile, according to each credit guarantee agreement of this case, the Plaintiff may file a claim for reimbursement against the amount guaranteed by the Plaintiff without any separate notice or peremptory notice at the time of filing an application for provisional seizure at the non-party company’s place of business. (b) On December 28, 2016, the same credit guarantee accident occurred, such as the occurrence of a credit guarantee accident, subrogation, etc., and the execution of provisional seizure against the Non-party company No. 508 and 509 (hereinafter “instant place of business”) of the Non-party company’s FF Building No. 508 and 509 (hereinafter “instant place of business”), and the non-party company lost the benefit of the loan due to the occurrence of the credit guarantee liability of this case 1 and 2, and the financial institutions filed a claim against the Plaintiff

2. On April 28, 2017, the Plaintiff extended loans to the Industrial Bank of Korea due to the instant primary guarantee on April 28, 2011,100.

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