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(영문) 서울중앙지방법원 2017.11.10 2016가합567298

사해행위취소

Text

1. As to Defendant A and B’s joint and several liability for KRW 953,004,52 and KRW 849,704,773 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement

In receiving a loan from a financial institution, the Plaintiff requested the Plaintiff to provide a credit guarantee for the purpose of securing the repayment of the principal and interest of the loan. Accordingly, the Plaintiff concluded a credit guarantee agreement with the Defendant Company as follows and issued a written credit guarantee agreement: (a) on June 29, 201, the amount of KRW 255,00,000, out of the amount to be loaned from the Industrial Bank of Korea (hereinafter “Corporate Bank”) shall be the principal of the credit guarantee; (b) the credit guarantee agreement was concluded between June 29, 201 and June 28, 2012; (c) on June 29, 201, the credit guarantee period was extended to a corporate bank until June 26, 2016; and (d) on June 26, 2016, the period of the credit guarantee was modified to the principal of the guarantee until June 28, 2013; and (d) the period of the guarantee was changed to the principal of KRW 16,2014.6.6

(B) On September 13, 2012, an amount of KRW 1,00,00,000, out of the amount that a financial institution intends to borrow from a financial institution, shall be the maximum amount of credit guarantee; the credit guarantee agreement was concluded between September 13, 2012 and September 12, 2014; and (1) on September 13, 2012, the term of guarantee shall be 630,00,000 won with the principal of guarantee; (2) the term of guarantee shall be 630,00,000 won with the principal of guarantee from September 13, 2012 to September 12, 2013; and (3) the term of guarantee shall be 15,000,000 until September 29, 2013; and (4) the term of guarantee shall be 10,000,000 won until September 14, 2013; and (5) the term of guarantee shall be 10,5.

(2) As of November 14, 2012, the term of the guarantee principal is KRW 108,00,000, and the term of the guarantee is from November 14, 2012 to November 13, 2013 (Guarantee Number: F.).