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(영문) 서울남부지방법원 2015.07.02 2015가단201552
사해행위취소
Text

1. The sales contract entered into between the Defendant and Nonparty B on May 7, 2014 with respect to the real estate stated in the separate sheet is the same.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and a loan transaction 1) on November 21, 2013, the Plaintiff is Nonparty C Co., Ltd. (hereinafter “C”).

(1) The term of the credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) set forth on November 21, 2014 the term of the guarantee principal and the guarantee principal KRW 85,50,000,000, and the term of the guarantee.

(1) The term “credit guarantee agreement” was concluded on November 21, 2014, and the same day as the guaranteed principal was set at KRW 47,500,000, and the term of the guarantee was set at November 21, 2014.

(2) Around November 21, 2013, the non-party B entered into a contract with the Plaintiff, and the non-party B jointly and severally guaranteed all the indemnity obligations owed by C to the Plaintiff. (3) The non-party B submitted each credit guarantee certificate issued by the Plaintiff to the Bank and borrowed KRW 133,000,000 for corporate driving loans.

3) According to each credit guarantee agreement of this case, if the Plaintiff did not repay the loan, which is the principal obligation of the Plaintiff’s guarantee, within the due date (including loss of the benefit of time) with the Plaintiff’s guarantee, and the Plaintiff claims for the performance of the guaranteed obligation, B, which is the primary debtor, is jointly and severally paid to the Plaintiff: ① the amount paid by the Plaintiff for the performance of the guaranteed obligation, the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation from the date of full payment to the date of full payment; ② the additional guarantee fee from the following day before the payment date of the guaranteed obligation; ③ the additional guarantee fee from the payment date of the terminated credit guarantee to the date before the expiration date of the guaranteed obligation; ③ the legal procedure expenses paid by the Plaintiff for the exercise or preservation of the right by the performance of the guaranteed obligation; ② The occurrence of the credit guarantee accident and the occurrence of the indemnity claim) began on September 17, 2014; and the Plaintiff notified the Plaintiff of the credit guarantee accident on November 17, 2014, the principal of Korea Bank was paid to the Plaintiff.

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