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(영문) 인천지방법원 2019.10.01 2018가합51484

사해행위취소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 517,771,289 and KRW 514,146,760 among them. < Amended by Act No. 14839, Apr. 26, 2017>

Reasons

1. Basic facts

A. 1) Defendant B is the Defendant Company A (hereinafter “Defendant Company”).

(2) On March 8, 2011, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with a maximum amount of KRW 700,000,000, and issued a credit guarantee agreement with D (hereinafter “D”) on March 9, 2011 to the Defendant Company, the guaranteed amount of KRW 270,000,000, and the guaranteed period of March 8, 2012.

The coverage amount of the above credit guarantee certificate was changed to KRW 232,00,000, and the warranty period was changed to March 3, 2017.

(3) On May 17, 2012, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with a credit guarantee amount of KRW 125,600,000, and issued a credit guarantee agreement with D as of May 16, 2013 with the Defendant Company, the guaranteed amount of KRW 125,60,000, and the guaranteed period of KRW 125,600,000. The said credit guarantee agreement was respectively modified as of March 10, 2017 (hereinafter “the second guarantee agreement”).

(4) On March 9, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant Company with a credit guarantee amount of KRW 228,00,000,000, and issued to D a credit guarantee agreement with Defendant Company, the guaranteed amount of KRW 228,00,000, and the guaranteed period until March 8, 2021.

(5) Defendant B jointly or independently guaranteed the Defendant Company’s obligations under the respective credit guarantee agreements with other joint and several suretiess. (6) The key contents of each of the above credit guarantee agreements are as follows:

Under the following, “I” is the Defendant Company, and “Co-suretiess” refers to each of the Defendant B. Article 9 (Performance and Notification of Guarantee Obligations) ① When the Plaintiff receives a claim from the obligee to discharge the guaranteed obligation, the Plaintiff will discharge the guaranteed obligation in accordance with the statutes and the credit guarantee contract with the obligee.