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(영문) 서울중앙지방법원 2020.10.27 2020가단5180849

사해행위취소

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Defendant A’s 29,091,916 won and 28,603,506 won among the Plaintiff’s 29,091,916 won and 28,603,506 won are annually held from May 26, 2020 to July 16, 2020.

Reasons

1. Basic facts

A. Plaintiff’s claim 1) On March 5, 2015, the Plaintiff concluded a credit guarantee agreement with Defendant A who operates the Cmarket on March 5, 2020 with the guarantee period of the Defendant A, and on March 5, 2020, with the guarantee amount of KRW 27,00,000 (hereinafter “1 credit guarantee agreement”).

3) Defendant A and Defendant D Co., Ltd. (hereinafter “D”).

(2) On July 22, 2017, the Plaintiff entered into a credit guarantee agreement with the Defendant A on July 22, 202, with a guarantee period of KRW 42,50,000,00 as security, with a guarantee period of KRW 30,000.

(2) The Defendant Company E (hereinafter “E”) obtained a loan of KRW 50,00,00 as security from the guarantee under the second credit guarantee contract. The Defendant Company E (hereinafter “E”) obtained a loan of KRW 50,000 from the guarantee under the second credit guarantee contract.

3) Defendant A caused a guarantee accident, which is the principal body, on January 23, 2020 with regard to the 1st credit guarantee contract, and caused a guarantee accident, which is due to a business failure or delay in payment of principal and interest, on February 6, 2020 with regard to the 1st credit guarantee contract, and thereafter, the Plaintiff subrogated 1,141,414, and 27,796,123 to E with regard to the 2nd credit guarantee contract on May 26, 2020 with regard to the 1st credit guarantee contract, respectively. 4) The Plaintiff spent 48,410 won with legal procedure expenses, and according to each of the credit guarantee contracts in this case, the Plaintiff repaid the amount of and damages to the 48,410 won with respect to the 2nd credit guarantee contract. The amount of damages shall be determined by the board of directors of the Foundation within the maximum annual rate of 25% with respect to the 20th credit guarantee contract by subrogation.

B. Defendant A’s legal act between the Defendants is a form of punishment.