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(영문) 광주지방법원 2019.11.08 2018가단536380
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Conclusion of a credit guarantee agreement in this case with the basic facts;

A. On December 6, 2016, the Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 350,000,000 from a corporate bank from the corporate bank, and entered into a credit guarantee agreement on December 5, 2017, setting the guaranteed principal amount as KRW 297,50,000,000, and the guarantee term as of December 5, 2017, and thereafter extended the guarantee term at the request of the Nonparty Company until December 4, 2018.

(hereinafter “instant credit guarantee agreement”). (b)

D, the representative director of the non-party company, under the credit guarantee agreement in this case, has jointly and severally guaranteed the indemnity obligation to be borne by the non-party company.

C. On June 6, 2018, while the non-party company was in arrears with interest on loans to an enterprise bank due to a financial difficulty, the Plaintiff requested the enterprise bank to pay the guaranteed debt on June 27, 2018, and paid the principal and interest on August 29, 2018 by subrogation of KRW 300,702,189.

Disposition of each real estate of this case

D. D around March 16, 2018, around March 16, 2018, sold 3/5 shares of the real estate listed in [Attachment List 1 and 2] to Defendant A, and sold 2/5 shares of the same real estate to Defendant B, respectively, and completed the registration of ownership transfer as the receipt of No. 53040 on March 28, 2018 by Gwangju District Court.

E. D, around March 16, 2018, sold real estate indicated in [Attachment List 3 through 8] to Defendant C, and completed the registration of ownership transfer on March 28, 2018 with the Gwangju District Court No. 53041, Mar. 28, 2018.

(hereinafter referred to as “each of the instant real estates” by aggregating all the real estates listed in the attached list 1 through 8).

F. Prior to the sale of each of the instant real estate, each of the instant real estate, except for the real estate listed in paragraph (3) of the attached Table, was established as follows:

1 The FF Bank shall set the maximum debt amount of KRW 264,00,000,00 as the joint collateral for each of the real estates listed in paragraphs 1, 4, and 8 of the attached list among the instant real estates.

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