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(영문) 수원지방법원 2018.06.26 2017가단521962
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 26, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) and Nonparty Co., Ltd. on the debt to be borne by the Industrial Bank of Korea, as follows, and B jointly and severally guaranteed the Nonparty Co., Ltd’s liability for indemnity based on the said credit guarantee agreement:

The date of guarantee (the due date of guarantee) the date of loan of the lending bank (the due date of repayment) (the amount of loan), the date of guarantee (the due date of repayment) the loan of the lending bank (the due date of loan) (the amount of loan) 190,000,000 won on June 19, 2015.06 (the date of 200,000,000.05.04.) Small and Medium Enterprise Bank 205.06 (05.04.04. 200,000) Small and Medium Enterprise Bank 20

B. On April 6, 2017, upon filing an application for commencing rehabilitation procedures with the Incheon District Court 2017hap10, the non-party company lost the benefit of time due to loans to the Industrial Bank of Korea. On May 25, 2017, the Plaintiff subrogated to the Industrial Bank of Korea KRW 190,965,017 for the principal and interest of the non-party company.

On the other hand, the additional guarantee fee to be paid by the non-party company to the Plaintiff under the instant credit guarantee agreement was KRW 176,980. The Plaintiff spent KRW 79,400 as the legal procedure cost for preserving the claim for reimbursement against the non-party company.

C. B concluded a sales contract with the Defendant on February 24, 2017 with respect to the instant real estate (hereinafter “instant sales contract”), and on March 28, 2017, the registration of ownership transfer was completed in the future with respect to the instant real estate on the grounds of the said sale.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. B, as an internal director of the non-party company asserted by the plaintiff, as a joint guarantor of the credit guarantee agreement of this case, is the case where the non-party company predicted that the credit guarantee accident will soon become insolvent upon an application for commencing rehabilitation procedures following the aggravation of financial standing, etc.

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