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(영문) 대구지방법원포항지원 2016.04.21 2015가단304905
사해행위취소
Text

1. As to the portion of 1/2 out of 1,273 square meters in Nam-gu, Nam-gu at port:

A. It was concluded on January 23, 2015 between the Defendant and C.

Reasons

1. Facts of recognition;

A. (1) On August 12, 2009, the Plaintiff entered into a credit guarantee agreement, etc.) from August 12, 2009, to August 11, 2010 of the credit guarantee term (i) from August 12, 2009, with the credit guarantee principal of KRW 28,50,000,00, and the credit guarantee period from August 12, 2009 to August 14, 2015.

ii) Daegu Bank Co., Ltd., Ltd. (hereinafter referred to as the “Tgu Bank”)

(2) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) provides a guarantee for the discharge of obligations against loans.

(C) On the same day, C concluded a joint and several guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “instant joint and several guarantee agreement”).

2) On August 14, 2009, D obtained a loan of KRW 28,500,000 from Daegu Bank using a credit guarantee certificate issued by the Plaintiff.

2) In entering into the instant credit guarantee agreement, the Plaintiff agreed that D and C, a principal debtor, and C, a joint guarantor, may claim the amount guaranteed by the Plaintiff in advance without any separate notice or peremptory notice, when the Plaintiff is notified of the occurrence of the cause of non-performing credit guarantee or the claim for the performance of the guaranteed obligation by the creditor of the credit guarantee (see Article 6(1)9 of the instant credit guarantee agreement). B. Since September 17, 2014, D, a credit guarantee accident, and the Plaintiff’s subrogation, etc., failed to pay the interest on the loans specified in the said paragraph to Daegu Bank, and thus, caused a credit guarantee accident regarding the said credit guarantee around December 15 of the same year, and the Daegu Bank thereafter notified the Plaintiff that a credit guarantee accident had occurred due to the loss of interest.

2) On April 1, 2015, the Plaintiff subrogated to the Daegu Bank for the total amount of KRW 29,004,285,000,000,000 as the principal and interest of the loan pursuant to the instant credit guarantee agreement. C’s property disposal act on January 23, 2015 (hereinafter “instant land share”).

(b).

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