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(영문) 부산지방법원동부지원 2017.08.24 2016가합103056

사해행위취소

Text

1.(a)

Attachment between Defendant A and E

1. As to each patent right entered in the list, October 15, 2015

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff issuing the credit guarantee agreement and the letter of guarantee is the E Co., Ltd. (hereinafter “E”).

) and J Co., Ltd. (hereinafter referred to as “J”).

and E and J Bank (hereinafter “National Bank”) each two times from 2012 to 2014, both the Bank of Korea and the National Bank, Inc. (hereinafter “National Bank”);

A) When receiving a loan from the Bank or a national bank, a credit guarantee agreement was concluded for the repayment of the principal and interest of the loan. If the Plaintiff fulfilled the guarantee obligation to the Bank or the national bank, the Plaintiff agreed to be paid damages for delay at the prescribed interest rate (10% per annum from February 1, 2016 to the date of full payment) as determined by the Plaintiff from the date of the repayment to the date of full payment, and the specific details are as listed below. The Plaintiff issued each credit guarantee agreement to the Bank and the national bank, and E and J were granted loans from the Bank and the national bank as listed below 2. Meanwhile, the representative director G entered into a joint and several guarantee agreement with E and J as to all the obligations owed by the Plaintiff under the respective credit guarantee agreement.

1. Details of credit guarantee (unit): 1 K (E) 297,500,000 on April 12, 2016, 2016: 2 L (E) 225,000,000 on April 15, 2013; 3 M. 459,000,000,000 on April 15, 2016; 40. 20. 05. 28. 205. 40,000 on May 28, 2014; 40. 205. 5. 20, 205. 4. 5. 20, 205. 5. 20, 205. 5. 5. 20, 200, 205. 5. 5. 5. 20, 200