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(영문) 인천지방법원 2016.05.26 2015가합53373

사해행위취소

Text

1. The defendant shall transfer the bonds listed in the attached sheet to the plaintiff, and shall be within the jurisdiction of the Suwon District Court.

Reasons

1. Basic facts

A. On September 10, 2008, the Credit Guarantee Fund and A (1) entered into a credit guarantee agreement between the Credit Guarantee Fund and A with D as the credit guarantee principal, and entered into a credit guarantee agreement between September 10, 2008 and September 9, 2009, with the term of guarantee from September 10, 2008 to the term of guarantee, and A issued a credit guarantee certificate (Guarantee Number: E) and was granted a loan of KRW 200 million from the Industrial Bank of Korea on September 23, 2008 using the said credit guarantee agreement. After the final change in the principal and guarantee term of the said credit guarantee agreement, the term of guarantee was changed to the term of November 7, 2014 (hereinafter “first credit guarantee”).

(2) On April 15, 2009, the Credit Guarantee Fund entered into a credit guarantee agreement between the above A and the credit guarantee principal, with the term of guarantee from April 15, 2009 to April 14, 2010, with a credit guarantee agreement with the term of guarantee issued a letter of credit guarantee (F) and A obtained a loan of KRW 300 million from the Industrial Bank of Korea on April 16, 2009.

Since then, the term of guarantee of the above credit guarantee agreement was changed and finally the term of guarantee was finally changed to November 7, 2014.

(hereinafter “Secondary Credit Guarantee”) at the time of a credit guarantee agreement between the Credit Guarantee Fund and the Credit Guarantee Fund at the time of the second and second credit guarantee agreement, the Credit Guarantee Fund and the Credit Guarantee Fund shall pay the indemnity liability in accordance with the interest rate set by the Plaintiff within the limit of 25% per annum pursuant to Article 35 of the Credit Guarantee Fund Act, and shall pay the guarantee fee, administrative fine, and penalty in accordance with the rate, calculation method, and collection period set by the Plaintiff, and shall also pay the expenses required for the execution and preservation of claims under a credit guarantee agreement, the exercise of the rights, the legal procedure, and the interest rate as determined by the Plaintiff

Accordingly, the Plaintiff’s indemnity liability from December 1, 2012 to the time of the instant lawsuit is determined.