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(영문) 수원지방법원 2016.09.22 2016나5242

사해행위취소

Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 140,189,211, and objection thereto.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 6, Gap evidence 7-1 to 13, Eul evidence 2, and the whole purport of arguments in this court.

1) The National Agricultural Cooperative Federation (the management institution of farmers and fishermen's Credit Guarantee Fund) (hereinafter referred to as the "Agricultural Cooperatives Federation") shall be appointed.

[] From May 3, 2013 to December 19, 2013, each credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”) between A and A on five occasions with the following contents as indicated in the following table (hereinafter referred to as “credit guarantee agreement”), and each credit guarantee agreement between the remaining sequence is identical thereto. < Amended by Presidential Decree No. 20358, May 3, 2013; Presidential Decree No. 20357, May 3, 2013; Presidential

1) The term “FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFY 200,000,000,000,000,0000,0000,0000,0000,000,000,0000,0000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000.

3) According to each credit guarantee agreement of the instant case, where the Nonghyup Federation fulfilled its credit guarantee obligations, A shall pay the amount of damages arising from the interest rate (12 per annum) set by the NACF, as well as the expenses incurred in the performance of the guaranteed obligations of the NACF, and the rights (including the rights acquired by prior right to indemnity) acquired from the performance of the guaranteed obligations (Article 11(1) and (2) of the Credit Guarantee Agreement and the said damages.