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(영문) 대구지방법원포항지원 2020.12.24 2020가단104345
사해행위취소
Text

Attached Form

1 With respect to real estate recorded in the list:

A. It was concluded on June 17, 2019 between Company B and the Defendant.

Reasons

1. Facts of recognition;

A. D Bank E branch (Extension until March 20, 202) of D Bank E branch (Extension until March 20, 201) KRW 9,000,000 on March 29, 2012, KRW 16,500,000 on June 25, 2014, KRW 161.5 million on June 24, 2015 (Extension until June 19, 2020), the Plaintiff is jointly and severally guaranteed by C (hereinafter referred to as “non-party company”).

(2) On July 29, 2019, a credit guarantee agreement with the following contents was concluded with respect to a non-party company for the first time. Under a credit guarantee agreement, the Plaintiff paid 117,070,464 won to the F Bank on November 8, 2019, and 77,612,375 won to D Bank on November 28, 2019, respectively.

3) On December 4, 2019, Nonparty Company and C received a decision of payment order ordering payment of KRW 115,521,521,184 of the amount of subrogated payment of the F Bank: (a) the payment order ordering payment of KRW 339 of the amount of subrogated payment of the F Bank; and (b) the above payment order became final and conclusive until January 7, 2020. (b) On June 17, 2019, Nonparty Company and C concluded a mortgage contract (the debtor company, the maximum debt amount of KRW 5,00,000) with the Defendant as to real estate listed in the attached Table 1 list owned by Nonparty Company and Nonparty Company on the same day. (c) On the same day, Nonparty Company concluded a mortgage contract (the debtor company, the maximum debt amount of KRW 1,50,000,000).

The registration of the establishment of a neighboring mortgage mentioned in the port was completed.

2) On June 17, 2019, C concluded a mortgage contract with the Defendant on the attached list 2, which was owned by the Defendant (the debtor company and the maximum debt amount of KRW 50 million) and completed the registration of creation of a mortgage on the attached list 2-B of the same day. 3) The Defendant was the following persons: (a) from March 1, 2017, the Defendant continuously traded the goods with H from around March 1, 2018. (b) The Defendant concluded a goods supply contract with H under the joint and several guarantee of I on August 1, 2018.

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