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(영문) 대전고등법원 2015.09.23 2014나14571

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff Co-Defendant A, Ltd. (hereinafter “A”) in the first instance trial on December 13, 201.

ii)the National Bank (hereinafter referred to as the “National Bank”) this corporation;

(3) The credit guarantee agreement (hereinafter “instant credit guarantee agreement”) is established between December 13, 201 and December 12, 2023 and the credit guarantee agreement between December 13, 201 and December 12, 2023, with a view to guaranteeing the payment of the loan and its obligation.

A) On the same day, future energy entered into a joint and several guarantee agreement up to KRW 2,808,00,000 (hereinafter “instant joint and several guarantee agreement”) with respect to all obligations owed by A to the Plaintiff under the said credit guarantee agreement.

(2) According to the instant credit guarantee agreement and joint and several sureties agreement, if A, the primary debtor, fails to perform the principal obligation within the due date of the principal obligation, A and Future Energy agreed to pay a penalty calculated by multiplying the amount guaranteed by the Plaintiff, among the obligations guaranteed by the Plaintiff, by the rate of 0.5% per annum, the amount of the guaranteed obligation plus the rate of 0.5% per annum. In the event that the Plaintiff performs the guaranteed obligation, the Plaintiff agreed to pay the amount of the guaranteed obligation, damages for delay arising from the interest rate determined by the Plaintiff, the expenses incurred in the preservation, transfer and exercise of the rights acquired by the Plaintiff through the performance of the guaranteed obligation, the execution and preservation

3) On December 13, 2011, A obtained a loan of KRW 2,400,000 from a national bank as security a credit guarantee certificate (including a credit guarantee number E, the principal guaranteed, KRW 2,160,000,000, and the term of guarantee, December 12, 2023) issued by the Plaintiff pursuant to the instant credit guarantee agreement. B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) caused a credit accident to A on December 31, 2012 by a credit management information registration (including national tax arrears). The Plaintiff on April 30, 2014 to the National Bank of Korea.