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(영문) 서울동부지방법원 2015.11.24 2014가합106357

사해행위취소

Text

1. As to real estate listed in annex No. 1:

A. Nonparty C and Defendant A were concluded on September 13, 2013.

Reasons

1. Basic facts

A. Export credit guarantee 1) The Plaintiff is the non-party F Co., Ltd. (hereinafter “non-party F Co., Ltd.”) whose representative director is the Plaintiff.

(2) The credit guarantee agreement of this case (hereinafter referred to as the “instant credit guarantee agreement”) shall be entered in the table below.

The credit guarantee was concluded and issued accordingly. On May 29, 2013, the date of guarantee, the date of guarantee, the guarantor for the guarantee period for the loan of the credit guarantee number limit, and on June 2, 2014, the Industrial Bank of Korea C2) Article 7(1)4 and 10, and Article 8(1) and (2) of the Agreement on the Credit Guarantee Agreement provide for the following:

Article 7 (Right of Preliminary Reimbursement) (1) When any cause falling under any of the following subparagraphs occurs to the principal, the principal shall immediately notify the Corporation thereof and redeem the amount guaranteed by the Corporation before the performance of the obligation of the Corporation, even if there is no notice or demand from the Corporation:

4. If it is deemed that, other than Articles 1 through 9, the credit conditions significantly worsen and objectively require the preservation of claims due to the occurrence of the causes for the registration of the information on financial order, the information on default on payment by subrogation (including information related to these matters), the information on disturbing financial order, and the information on public records by the Korea Federation of Banks under the "Management Rules of Credit Information" of the Korea Federation of Banks, the person himself shall pay to the Corporation the following amounts if the Corporation has discharged the guaranteed liabilities:

1. Amount of surety obligations;

(2) If the Corporation fails to repay the amount under paragraph (1), it shall pay to the Corporation plus damages calculated by multiplying the amount from the day following the due date for payment determined by the Corporation by the overdue interest rate as determined by the Corporation.

B. The occurrence of an export credit guarantee accident and the Plaintiff’s subrogation are above.