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(영문) 부산지방법원동부지원 2019.01.09 2018가단207085
사해행위취소
Text

1.(a)

The sales contract concluded on September 1, 2017 between the Defendant and C with respect to each real estate listed in the separate sheet is 80,015.

Reasons

1. Facts of recognition;

A. On May 25, 201, the Plaintiff entered into a credit guarantee agreement with C on May 25, 201, as to the principal and interest of loan to be borne by C in obtaining a loan from E Bank:

1. After entering into a credit guarantee agreement, such as the details of the guarantee (hereinafter referred to as the “credit guarantee agreement of this case”), the E Bank has issued the credit guarantee agreement in the future, and C on the same day:

2. A loan has been granted according to the details of the loan;

On May 25, 2011, May 24, 201, 201, F90,000 units 1F 90,000,000 counterparts to the guaranteed subject of the loan extended on the date guarantee is guaranteed.

1. Details of guarantee (unit: Table of won);

2. (Unit: (1) Nos. 1 F. 90,000,000 E-A-dong Integrated Finance Center (hereinafter “F. 1,000,000) loan date of the loan extended by the No. 1F No. 1090,000,000, and thereafter, the amount guaranteed under the credit guarantee agreement of this case was changed to 73,080,000 on May 25, 201, and the term of guarantee was changed to 73,08 on February 23, 2018. (2) A credit guarantee accident due to the registration of credit management information on January 31, 2018 (hereinafter “credit guarantee accident of this case”) occurred for E-bank’s credit guarantee obligation (hereinafter “credit guarantee accident of this case”), and the Plaintiff paid the E-bank the principal and interest under the credit guarantee agreement of this case on May 28, 2018 (i.e., the principal and interest KRW 74,41930,9304

2) According to A Fund Act and the Credit Guarantee Agreement, when the Plaintiff fulfilled its guaranteed obligation, the Plaintiff is paid 10% per annum from the date of performance to the date of full payment (the Plaintiff’s interest rate for delay due to autonomousization, and the legal procedure expenses incurred by the Plaintiff in order to enforce or preserve the claim for reimbursement against C. The legal procedure expenses incurred by the Plaintiff are currently KRW 1,821,908.

C. The debtor of the right to collateral security as the date of receipt of the C’s disposal order.

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