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(영문) 서울중앙지방법원 2016.06.08 2015가합538996

사해행위취소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 226,97,232 and KRW 223,472,459 among them. < Amended by Presidential Decree No. 26359, Jun. 9, 2015>

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant credit guarantee agreement on November 29, 2012, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

The term “new bank” means a new bank (hereinafter referred to as “new bank”) established between November 29, 2012 and November 28, 2013 in which the Defendant Company determines the principal and the guaranteed principal as from November 29, 2012 to November 28, 2013.

(2) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) providing a guarantee for the performance of the obligation to repay the loan, in obtaining a loan from the recipient.

(2) At the time of the instant credit guarantee agreement, Defendant B, the representative director of the Defendant Company, had jointly and severally guaranteed all obligations that the Defendant Company would be liable to the Plaintiff by entering into the instant credit guarantee agreement. (2) On November 28, 2013, the Plaintiff and the Defendant Company changed the term of guarantee of the instant credit guarantee agreement to November 28, 2014, and again, on November 25, 2014, the said term of guarantee was changed to 238,000,000 won, and the term of guarantee was changed to February 27, 2015.

3) According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company provided that the Plaintiff shall pay to the Plaintiff the amount of the guaranteed obligation, the amount of the guaranteed obligation to the Plaintiff, the amount of the guaranteed obligation, the amount of damages calculated at the rate prescribed by the Plaintiff’s rate from the date of performance of the guaranteed obligation to the date of repayment (12% per annum from December 1, 2012 to the date of repayment) (Article 10(4) of the Credit Guarantee Agreement), penalty, the Plaintiff’s preservation and exercise of the obligation on behalf of the Plaintiff, and the expenses required for legal procedures for such payment (Article 10(4) of the Credit Guarantee Agreement)

(Article 6 (1) 1 and Article 5). (b) of the Credit Guarantee Agreement of this case

The Plaintiff’s loan to the Defendant Company was to issue a credit guarantee certificate under the instant credit guarantee agreement to the Defendant Company, and the Defendant Company.