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(영문) 서울중앙지방법원 2016.01.07 2014가합578362

사해행위취소

Text

1. As to the Plaintiff, Defendant A, B, and C’s joint and several costs of KRW 743,782,661 and KRW 122,80,975.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff Company A (hereinafter “Defendant Company”)

(1) The Bank of Korea and the National Bank of Korea (hereinafter “National Bank”) shall be

(i) a new bank (hereinafter referred to as “new bank”)

) In receiving a loan from the Defendant Company, in order to secure the payment of the principal and interest of loan, the credit guarantee agreement set forth in the credit guarantee agreement between April 25, 2007 and April 25, 2008 (credit guarantee number D; hereinafter “credit guarantee agreement of this case”).

(B) A credit guarantee agreement (a guarantee number E; hereinafter “instant credit guarantee agreement”) set out from July 8, 2009 to July 8, 2010 as the guarantee amount of 200,000,000 won, and the guarantee period of 8 July 2009 to July 8, 2010.

(B) A credit guarantee agreement set out in Section B, the guarantee amount of KRW 300,000,000 on October 16, 2009, and the guarantee period of the credit guarantee agreement from October 16, 2009 to October 15, 2010 (the guarantee number F; hereinafter “instant three credit guarantee agreement”).

(B) A credit guarantee agreement (a guarantee number G; hereinafter referred to as the “credit guarantee agreement of this case”) established from August 12, 2011 to August 12, 201 as the guaranteed amount of KRW 255,000,000 on August 12, 2010, and the guarantee period of the credit guarantee agreement from August 12, 201 to August 12, 201, and each credit guarantee agreement of this case collectively refers to the respective credit guarantee agreement of this case.

Upon entering into each of the instant credit guarantee agreements, Defendant B and C jointly and severally guaranteed all of the obligations under each of the instant credit guarantee agreements with the Plaintiff of the Defendant Company at the time of each of the instant credit guarantee agreements. The amount covered by the instant credit guarantee agreement was changed to KRW 124,100,000, and the term of guarantee was changed to April 17, 2015. The amount guaranteed by the instant credit guarantee agreement was changed to KRW 180,000,000, and the term of guarantee was changed to July 6, 2015. In addition, the amount guaranteed by the instant credit guarantee agreement was changed to KRW 204,00,000, and the term of guarantee was changed to October 10, 2014. The amount guaranteed by the instant credit guarantee agreement was changed to KRW 229,50,000,000, and the term of guarantee was changed to August 2, 2014).