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(영문) 대구지방법원서부지원 2016.08.09 2015가단5983
사해행위취소
Text

1. The sales contract was concluded on July 8, 2014 between the Defendant and D with respect to each real estate listed in the separate sheet.

Reasons

Based on the facts, D Co., Ltd. related to the parties to the dispute (the former trade name is Co., Ltd.; hereinafter referred to as “Nonindicted Company”) registered and operated Plaintiff B as the representative director, the Plaintiff’s wife, and the representative director was changed to F on July 5, 2013 according to the contract with F on September 16, 201, and the Defendant is the subordinate company of the Nonparty Company.

On March 27, 2012, the non-party company entered into a credit guarantee agreement and a loan agreement between the Korea Technology Credit Guarantee Fund and the non-party company entered into a credit guarantee agreement between the Korea Technology Credit Guarantee Fund and the non-party company on March 26, 2013, which is the guaranteed principal of the loan that the non-party company would receive from the national bank, and on March 26, 2013 (the extension on March 26, 2015 thereafter). At that time, the credit guarantee agreement issued by the Korea Technology Credit Guarantee Fund was borrowed KRW 100 million from the national bank as collateral, and the plaintiffs jointly

In addition, the non-party company obtained a loan of KRW 100 million from the Small and Medium Business Corporation on May 13, 2013, and the plaintiffs jointly and severally guaranteed the above loan obligations of the non-party company.

On March 27, 2015, the Korea Technology Credit Guarantee Fund paid KRW 86,867,596 on behalf of the non-party company on August 11, 2015 due to the non-party company's default of the payment of loans to the national bank, and the Korea Technology Credit Guarantee Fund paid KRW 574,270 on behalf of the non-party company, and KRW 574,270 on additional guarantee fees, and legal procedure expenses KRW 2,268,430 on legal procedure expenses.

In this case, on November 26, 2015, the Korea Technology Credit Guarantee Fund was sentenced to the Daegu District Court 2015Da122652 Decided November 26, 2015 that "the plaintiffs jointly and severally agreed to pay 89,710,296 won and 86,867,596 won to the Korea Technology Credit Guarantee Fund, 12% per annum from August 11, 2015 to September 21, 2015; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment." The above judgment became final and conclusive on January 19, 2016.

In addition, the non-party company is against the Small and Medium Business Corporation from March 12, 2015.

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