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(영문) 제주지방법원 2019.12.10 2019가단53572
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on March 21, 2018 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and provided loans 1) on December 4, 2016, the Plaintiff Co., Ltd. (hereinafter “C”).

B) Between C and C, the credit guarantee principal amounting to KRW 206,40,00,000, and the credit guarantee period from December 14, 2016 to December 13, 2017 (B) was extended during the period from December 13, 2017

(i) a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) set forth therein;

On December 15, 2016, C entered into a credit guarantee agreement of this case, and C took out a loan of KRW 258,000,000 from D as collateral a credit guarantee certificate issued pursuant to the credit guarantee agreement of this case (hereinafter “first loan”).

(2) On December 4, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with C to set a credit guarantee agreement (hereinafter “credit guarantee agreement”) between December 15, 2016, with respect to the credit guarantee obligations of C with respect to the credit guarantee obligations of C, a corporation, as well as KRW 233,60,000,00, and the credit guarantee period from December 14, 2016 to December 13, 2017 (which was extended during the period between December 13, 2018). C received a loan of KRW 292,00,000 from E as collateral a credit guarantee agreement issued pursuant to the credit guarantee agreement under the instant credit guarantee agreement on December 15, 2016.

(3) When the Plaintiff performed the guaranteed obligation at the time of the Credit Guarantee Agreement No. 1 and 2, the Plaintiff and C agreed to pay the amount of the guaranteed obligation and the damages for delay at the rate determined by the Plaintiff. Meanwhile, the rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016 to February 1, 2016. (4) At the time of the Credit Guarantee Agreement No. 1 and 2, the Plaintiff and C jointly and severally guaranteed all the obligations owed by C under the Credit Guarantee Agreement No. 1 and 2 at the time of the Credit Guarantee Agreement.

B. 1C, such as the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, caused the occurrence of a credit guarantee accident, such as filing a petition for bankruptcy due to the insolvent of a company around March 28, 2018, and the occurrence of a credit guarantee accident, E shall be April 4, 2018, and D shall be April 2018.

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