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(영문) 인천지방법원 2019.11.12 2018가단236257
사해행위취소
Text

1. With respect to real estate listed in the annex:

A. A sales contract concluded on September 13, 2017 between B and the Defendant is concluded.

Reasons

1. Basic facts

A. On October 21, 2010, the Plaintiff entered into a credit guarantee agreement with the Plaintiff and B Co., Ltd. (hereinafter “B”) on October 21, 201 with the guaranteed amount of KRW 190 million, and the guaranteed period of KRW 200 million as of October 21, 201. B received a loan from the Industrial Bank of Korea as security (hereinafter “first loan”). The Plaintiff also entered into a credit guarantee agreement with B on October 21, 201 with the guaranteed amount of KRW 255 million and the guaranteed period of KRW 200 million until October 21, 2011. B received a loan from the Industrial Bank of Korea as security.

(3) On April 21, 201, the Plaintiff entered into a credit guarantee agreement with B on April 21, 201 with the deposit of KRW 360 million, and the term of guarantee until April 21, 2018. B received a loan of KRW 400 million from C bank as collateral for the said credit guarantee (hereinafter “third loan”). On June 16, 2017, the Plaintiff entered into a credit guarantee agreement with B and the deposit of KRW 170 million, and the term of guarantee until June 15, 2018, and B received a loan of KRW 200 million from the Industrial Bank of Korea as collateral.

(hereinafter referred to as “fourth Loan”) 5. Article 5(1) of the aforementioned Credit Guarantee Agreement provides that when a plaintiff receives a notice of a credit guarantee accident or a claim for the discharge of a guaranteed obligation from a creditor, he/she may make a prior claim for reimbursement without prior notice or demand.

B. On December 27, 2017, the Plaintiff’s prior right to indemnity and the right to indemnity due to subrogation lost the benefit of each obligation based on the principal and interest of each obligation. C Bank notified the Plaintiff on January 16, 2018 that the credit guarantee accident occurred.

On March 6, 2018, the Plaintiff paid to the Industrial Bank of Korea KRW 620,39,628 in total, and KRW 38,955,108 in total, and KRW 38,95,108 in a third bank on April 26, 2018, respectively.

The plaintiff recovered KRW 2,705,315 out of the amount of subrogated for the first loan, the amount of finalized damages up to the recovery amount is KRW 1,038, and the additional guarantee fee for the third loan is three.

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