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(영문) 인천지방법원 2020.08.26 2019나69882

사해행위취소

Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor’s claim for reimbursement 1) The Plaintiff’s Intervenor (hereinafter “the Intervenor”)

C Co., Ltd. (hereinafter “instant company”)

B) On May 31, 2007, the credit guarantee agreement was concluded between ① KRW 425 million in the principal of the credit guarantee (the subsequent change to KRW 290 million) and May 30, 2008 (the subsequent extension to May 17, 2019) with the term of the credit guarantee agreement to guarantee the obligation of loans to be borne by the instant company. ② On September 11, 2009, the credit guarantee agreement was concluded between KRW 300 million in the principal of the credit guarantee (the subsequent change to KRW 192 million) and the term of the credit guarantee agreement to guarantee the obligation of loans to be borne by the instant company (the subsequent extension to August 30, 2019), with the term of each credit guarantee agreement to be extended to KRW 160 million through KRW 1600,000 after the term of the credit guarantee agreement (the amount to be extended to KRW 200,000,000,000,000).

2) Each of the joint and several sureties’s joint and several sureties’s joint and several sureties’s respective credit guarantee agreements (hereinafter “each of the joint and several sureties’s respective joint and several sureties agreements”) with the Intervenor who was the representative director of the instant company at the time of the conclusion of each of the instant credit guarantee agreements.

(2) The company and B of the instant case are jointly and severally assisted intervenors when each of the instant credit guarantee agreements and each of the instant joint and several sureties’s respective joint and several sureties’s credit guarantee obligations are met, and ① the amount of credit guarantee obligations discharged, ② the agreed delay damages calculated at the rate determined by the Intervenor from the date of performance of the credit guarantee obligations until the date of repayment, and ③ the assisting Intervenor.