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(영문) 서울남부지방법원 2016.06.02 2015가합105521

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C’s credit guarantee agreement 1) The Plaintiff is a stock company C on April 30, 2009 (hereinafter “C”).

(1)As between C and the Bank, the principal of credit guarantee was changed to KRW 300,000,000 with respect to the principal and interest of loan to be borne by C to the Bank (whichever was later 243,000,000).

(B) From April 30, 2009 to April 29, 2010 (this later changed from April 24, 2015) the guarantee period was changed.

(i)a credit guarantee agreement under this Agreement (hereinafter referred to as "the credit guarantee agreement in this case") is called the credit guarantee agreement;

(2) According to the credit guarantee agreement of this case, C’s representative director B jointly and severally guaranteed the obligation of C to the Plaintiff under the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, C paid damages for delay in accordance with the interest rate determined by the Plaintiff within the scope of the Plaintiff’s performance amount of the guaranteed obligation and 25% per annum. The interest rate determined by the Plaintiff is 12% per annum from July 31, 2014 to

3) On April 30, 2009, C submitted to the Industrial Bank of Korea a letter of credit guarantee issued by the Plaintiff under the instant credit guarantee agreement, and determined the due date on April 29, 2010 as KRW 300,000 from the Industrial Bank of Korea (the due date was changed to April 24, 2015).

3) The loan was granted (hereinafter referred to as “the loan obligation of this case”) and the loan obligation of C against the Industrial Bank of Korea.

(B) The occurrence of a credit guarantee accident and the performance of the Plaintiff’s guaranteed obligation (1) Article 6 of the credit guarantee agreement of this case provides that “When any of the following events occurs with respect to the principal, the principal and the joint guarantor bear the obligation of advance reimbursement for the amount guaranteed by the new guarantor even if there is no notification and peremptory notice from the new guarantor:

(b)

7. It provides that "when there is a decision of seizure, provisional seizure, provisional disposition or request for auction with respect to the workplace (a lease deposit in the case of a leased workplace)"; and

2. The National Health Insurance Corporation on February 4, 2014 (C) shall be 4.