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(영문) 서울중앙지방법원 2016.10.28 2015가합577847

구상금 및 사해행위 취소의 소

Text

1. As to Defendant A and B’s joint and several liability for KRW 537,59,763 and KRW 326,945,040 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) As indicated below, the Plaintiff is the Defendant Company A (hereinafter “A”).

(C) each credit guarantee agreement between Defendant A and each of the credit guarantee agreements (hereinafter referred to as “each of the instant credit guarantee agreements”) with a view to guaranteeing Defendant A’s obligation for loans, and the 1,2,3 credit guarantee agreements in accordance with the order of the agreed date.

Defendant A entered into a credit guarantee agreement of this case, and Defendant A entered into the Bank of Korea and the National Bank of Korea (hereinafter “National Bank”) at that time.

(2) Each of the above loans remaining around September 2015 shall be paid 10,000,000 won 85% of the loan remaining after the due date of guarantee changed from the due date of the contract to the due date of the performance of each of the guaranteed obligations of this case. < Amended by Presidential Decree No. 17535, May 11, 2007; Presidential Decree No. 17508, Oct. 1, 2007; Presidential Decree No. 17081, May 9, 2008; Presidential Decree No. 17080, Oct. 28, 2000; Presidential Decree No. 17517, Apr. 409, 2016; Presidential Decree No. 17081, Apr. 29, 2016; Presidential Decree No. 175081, Apr. 20, 200; Presidential Decree No. 17065, Mar. 16, 20013>

3. At that time, Defendant A’s internal director, who operated Defendant A, guaranteed the obligation owed by Defendant A to the Plaintiff according to the credit guarantee agreement in this case, and each credit guarantee agreement in this case.