beta
(영문) 창원지방법원 2015.11.19 2014가합35259

사해행위취소

Text

1. Defendant A and B jointly and severally filed a claim with the Plaintiff for KRW 175,96,043 and KRW 175,995,937 of the said money. < Amended by Presidential Decree No. 25572, Sep. 1, 2014>

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established pursuant to the Korea Technology Credit Guarantee Fund Act with the aim of contributing to the development of national economy by facilitating corporate financing through guaranteeing the obligations of enterprises which lack security solvency. 2) Defendant A Co., Ltd. (hereinafter “Defendant A”) received loans from the Industrial Bank of Korea as the Plaintiff’s guarantee in order to raise business funds.

B. (1) On October 9, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A, and then entered into a credit guarantee agreement with Defendant A (hereinafter “instant credit guarantee agreement”) with the term “the estimated amount of loan and the guaranteed amount of KRW 200,000,000, and by October 8, 2010.”

(2) Upon entering into a credit guarantee agreement with the Defendant, the Plaintiff issued the said written credit guarantee and received the loan from the Industrial Bank of Korea. (3) After doing so, the Plaintiff changed the guaranteed amount of the instant credit guarantee agreement with the Defendant from 200,000,000 to 180,000, and extended the guarantee term until October 2, 2014, and notified the Industrial Bank of Korea thereof.

3) According to the credit guarantee agreement of this case, in the event that Defendant A failed to repay the above loan to the Industrial Bank of Korea and the Plaintiff performed the guaranteed obligation to the Industrial Bank of Korea, Defendant A is to repay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation and the amount calculated by the rate and calculation method determined by the Plaintiff from the date of repayment to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, exercise, and legal procedures for the execution of the claim for reimbursement, ④ the expenses incurred in the execution and exercise of the claim for reimbursement, ④ the unpaid guarantee fee, etc. at the time of the credit guarantee agreement of this case, Defendant B jointly and severally guaranteed the Defendant A’

C. The Defendant A, who acquired credit guarantee accidents and the Plaintiff’s claim for reimbursement, is national tax on August 30, 2012.