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(영문) 서울서부지방법원 2017.12.21 2017가합37966
사해행위취소
Text

1.(a)

Defendant A and Nonparty C entered into a contract on May 20, 2017 with regard to the real estate stated in attached list No. 1.

Reasons

1. The facts under the basis of facts may be found, either as a matter of dispute between the parties, or as a whole, as set out in Gap evidence 1 to 6, and Eul evidence 3 (including branch numbers), with a view to the whole purport of the pleadings.

On June 24, 2016, the Plaintiff and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement and loan 1) between the Plaintiff and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) on June 24, 2016, the period of the credit guarantee was changed from June 24, 2016 to October 21, 2016 (the period of the guarantee thereafter was changed from June 24, 2016).

(B) the credit guarantee agreement between a creditor and a creditor of a corporate bank (hereinafter referred to as the “instant credit guarantee agreement”).

(2) At the time of the credit guarantee agreement, the non-party company submitted the credit guarantee agreement and borrowed 1,320,000,000 won from an enterprise bank. (2) At the time of the credit guarantee agreement in this case, the non-party company lost its interest due to the non-party company's loss of payment due to the non-party company's subrogation of the loan borrowed from the above bank due to the non-party company's loss of payment due to the non-party company's default of payment due to the non-party company's default of payment due to the non-party company's subrogation from the date of payment on behalf of the plaintiff to the date of payment on behalf of the non-party company (10% per annum from February 1, 2016 to the date of payment on behalf of the plaintiff). (2) If the non-party company fails to discharge its obligation within the guarantee period, the non-party company did not discharge its obligation due to the non-party company's payment on behalf of the non-party company from the date of payment on behalf of the plaintiff.

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