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(영문) 부산지방법원 2021.03.23 2020가단326297
사해행위취소
Text

Attached Form

For vessels listed in the list:

A. Person B on April 14, 2020 between Company B and the Defendant

Reasons

1. Facts of recognition;

A. On April 13, 2017, the Plaintiff entered into a credit guarantee agreement and the Plaintiff’s debt guarantee performance 1) with B Co., Ltd. (hereinafter “Non-Party Company”). On April 12, 2018, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the amount of security deposit of KRW 68,850,000, and on April 12, 2018, the amount of security deposit of KRW 64,60,000 was reduced to KRW 64,60,000, and the period of guarantee was extended by April 9, 2021.

2) The non-party company was granted a loan of KRW 81,00,000 from C in accordance with the credit guarantee certificate issued pursuant to the instant credit guarantee contract (hereinafter “the instant loan contract”). The non-party company closed its business around May 2020 and delayed payment of the interest on the loan. On May 22, 2020, C bank notified the Plaintiff of the credit guarantee accident regarding the balance of the loan amount of KRW 76,000,000 (the balance of the guarantee amount of KRW 64,60,000) under the instant loan contract.

4) On August 12, 2020, the Plaintiff repaid C Bank KRW 65,240,704 on behalf of Nonparty Company, in accordance with the instant credit guarantee agreement.

5) The Plaintiff filed an application with the Busan District Court for the payment order against the non-party company for the payment order seeking reimbursement of the amount of subrogated reimbursement under the Busan District Court’s Dong Branch 2020,34911, and on August 24, 2020, the above court ordered the non-party company to pay the payment order for the amount of delayed damages, etc. for the amount of KRW 66,816,064 and the amount of KRW 65,240,700,700, and the above payment order became final and conclusive on November 27, 2020.

B. On April 14, 2020, the non-party company established the right to collateral security between the non-party company and the defendant entered into a contract to establish the right to collateral security (hereinafter “the right to collateral security”) with the defendant on the attached list owned by the non-party company (hereinafter “the right to collateral security”). On April 22, 2020, the non-party company registered the Busan District Court and the non-party company and the non-party company as the defendant with the maximum amount of KRW 300,000,000, and the non-party company and the non-party company as the defendant on April 22, 2020.

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