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(영문) 서울중앙지방법원 2017.01.11 2016가단5061095

사해행위취소

Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 28, 2005, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and the credit guarantee period from June 28, 2005 to June 28, 2006, with the credit guarantee principal as KRW 40,000,000, with the credit guarantee principal as well as KRW 40,000. Under the agreement, the Plaintiff issued a credit guarantee agreement with the Nonparty Company with the principal and interest of the small and medium enterprise’s loans to be borrowed from the active branch of the Industrial Bank of Korea as to the principal and interest of the small and medium enterprise’s loans to be borrowed from the active branch of the Industrial Bank of Korea.

On June 28, 2005, Nonparty Company received loans from the Industrial Bank of Korea of KRW 50,000,000 from small and medium enterprises as collateral, and the period of guarantee was changed on June 22, 2012.

B. On June 28, 2005, the Plaintiff entered into a credit guarantee agreement with the non-party company and the credit guarantee period from June 28, 2005 to June 28, 2006, with the credit guarantee principal amount of KRW 40,000,000. Under the agreement, the non-party company entered into a credit guarantee agreement with the non-party company as to the principal and interest of the loans for small and medium enterprises that will be borrowed from the Industrial Bank of Korea, with the guarantee amount of KRW 40,00,000, the guarantee period of KRW 206, Jun. 28, 2006, and the guarantor issued a credit guarantee certificate with

On June 28, 2005, Nonparty Company received loans from the Industrial Bank of Korea of KRW 50,000,000 from small and medium enterprises as collateral, and the period of guarantee was changed on June 22, 2012.

C. On October 12, 201, the Plaintiff: (a) concluded a credit guarantee agreement with Nonparty Company and the credit guarantee period from October 12, 201 to October 11, 2012; (b) concluded a credit guarantee agreement with the principal of the credit guarantee amount of KRW 56,00,000; and (c) based on such agreement, the Plaintiff issued a written credit guarantee agreement with the Nonparty Company, with the principal and interest of the corporate comprehensive account loan that the Nonparty Company would have borrowed from the Han Bank’s office branch, with the guarantee amount of KRW 56,00,000; (d) October 111, 2012; and (e) issued the credit guarantee agreement with the Nonparty Company.

On October 12, 201, the non-party company obtained a corporate comprehensive passbook loan of KRW 70,000,000 from the Han Bank as security.

On the other hand, D, B, and E respectively.