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(영문) 대구지방법원 2018.01.18 2016가합201078
사해행위취소
Text

Attached Form

Among the real estate listed in paragraph (1) of the list, 41/692 of the shares of Defendant A and the real estate listed in paragraph (2) of the attached Table.

Reasons

Facts of recognition

A limited liability company C (hereinafter “C”) entered into a credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) with the Plaintiff, as listed below, with a view to securing the payment of principal and interest of loans to Korea Bank (hereinafter “Korea Bank,” and the name of a financial institution, omitted), Industrial Bank of Korea, and Han Bank, with each of the following credit guarantee agreements with the Plaintiff to provide credit guarantee for each of the principal and interest of loans to Korea Bank, Industrial Bank of Korea, and Han Bank. Under the Plaintiff’s guarantee under each of the above credit guarantee agreements, each of the following loans was received from each of the above banks until the date of the following credit guarantee agreements:

On November 13, 09, the guarantee term extended for the first guarantee term of the loan extended on the date of the agreement, the guarantee term of which has been extended on November 13, 209, KRW 35 million in our bank, KRW 28 million on November 14, 109, the Industrial Bank of Korea KRW 18 million on November 13, 19, KRW 14 million on October 16, 10, KRW 14 million on December 16, 11, 16, Han Bank KRW 97 billion on November 20, 19, KRW 87,3 million in the guarantee term of the first credit guarantee term (the guarantee term of KRW 85 million was changed to KRW 2935,50,000 in the guarantee term of the Plaintiff’s each of the above credit guarantee obligations and the reimbursement rate of damages incurred by the Plaintiff on December 18, 200 each of the above credit guarantee obligations determined by the respective of the Plaintiff’s respective credit guarantee obligations to be paid to the Plaintiff.

(hereinafter “each of the instant joint and several sureties Agreement”). The Plaintiff is notified from the Han Bank on January 5, 2016 to the effect that, on January 7, 2016, each of the instant credit guarantee accidents occurred due to C’s failure to exercise the due diligence from the Bank on January 4, 2016, January 6, 2016, and from January 6, 2016, the Plaintiff is notified from the Bank to the effect that the credit guarantee accident occurred. The amounting to KRW 835,531,870 to the Han Bank on February 26, 2016, and the amounting to KRW 283,00 to the Bank on March 4, 2016.

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