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(영문) 창원지방법원 2015.08.19 2014가합34461
사해행위취소
Text

1. The sales contract concluded on October 18, 2013 between the defendant and the non-party B on each real estate listed in the separate sheet between the defendant and the non-party B is 175.

Reasons

1. Basic facts

A. 1) Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”)

B) On December 30, 2008, between the Plaintiff and the Plaintiff, the amount guaranteed KRW 200 million and the term of guarantee specified by December 27, 2013 (hereinafter “instant credit guarantee agreement”) is determined as the credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, the representative director B of the non-party company agreed that the non-party company and B shall pay to the plaintiff the amount of the guaranteed obligation, the amount calculated by multiplying the amount of the guaranteed obligation of the plaintiff, the amount of the guaranteed obligation by the rate determined by the plaintiff (12%) from the date of the performance of the guaranteed obligation to the date of repayment, the amount of damages calculated by multiplying the amount of the guaranteed obligation of the plaintiff, the amount of the guaranteed obligation by the rate determined by the plaintiff (12%) and the expenses incurred in the preservation, transfer,

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Nonparty Company was granted a loan of KRW 200 million from a new bank on December 30, 2008 based on the guarantee issued by the Plaintiff under the instant credit guarantee agreement, and the credit guarantee accident occurred on December 20, 2013 due to overdue interest on the said loan, etc., and lost the benefit of the said loan obligations. (2) The Plaintiff subrogated the new bank of KRW 196,68,112 on December 30, 2013 in accordance with the instant credit guarantee agreement.

3 The Plaintiff filed an order with the non-party company and the non-party company B to pay the amount of subrogated payment with the Changwon District Court Decision 2014Ra178, Jan. 27, 2014, the said court ordered the Plaintiff to pay the amount of KRW 197,450,362 jointly and severally with the non-party company and B, and KRW 196,68,112 of the said amount of KRW 196,68,112 from December 30, 2013 to February 18, 2014, and KRW 20% per annum from the next day to the date of full payment. The said payment order was finalized on March 5, 2014.

(c) the real estate B;

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