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(영문) 부산지방법원 2018.06.27 2017가합44783
사해행위취소
Text

1. Of the Plaintiff’s lawsuit against Defendant B, real estate stated in [Attachment 1] No. 1 and 2] is relevant.

Reasons

Basic Facts

The pertinent Plaintiff is a creditor of C, and the Defendant Company A (hereinafter “Defendant A”) is a company that purchased the real estate listed in [Attachment A list 1] from C, and the Defendant Company B (hereinafter “Defendant B”) is a company that concluded a mortgage agreement on each of the real estate listed in [Attachment A] list (hereinafter “each of the instant real estate”) with C, and each of the real estate listed in [Attachment A] list.

C It is between Defendant B’s representative director F and E, who was in the office of representative director of D Co., Ltd. (hereinafter “Co., Ltd.”) and E.

The Plaintiff entered into each of the instant guarantees agreements with D (hereinafter “each of the instant guarantees agreements”) as listed in the following table, and at the time C jointly and severally guaranteed all of the obligations borne by D under each of the instant guarantees agreements.

The Plaintiff issued the respective guarantee certificates to D in accordance with each of the respective guarantee agreements of this case, and D was financed by the National Bank and the Nonghyup Bank as the security of each of the above guarantee certificates as specified in the following table:

According to each guarantee agreement of this case on July 6, 2009, 4,000,000 national bank on July 6, 2009, 4,000,000,000 national bank on July 6, 2009, 200 No. 253,400,000,00 Nonghyup Bank on May 25, 201, 201, 4,000,000 No. 3,000 on May 25, 201, and 850,000,00 on July 5, 201, No. 320,00 No. 100,00 No. Bank on July 5, 201, each of the guarantee agreements of this case is to pay to the Plaintiff the amount subrogated by the Plaintiff and the amount acquired for the performance of the guaranteed obligation as well as the expenses for delay or for the execution of the right calculated by the Plaintiff.

On July 4, 2016, D, such as a guarantee accident and a subrogation, filed an application for commencing rehabilitation procedures with the Changwon District Court 2016 Ma1025 Decided July 4, 2016, and the Plaintiff was the Plaintiff on September 30, 2016.

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