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(영문) 서울중앙지방법원 2018.06.18 2017가합550983

구상금 및 사해행위 취소

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1. The gift contract concluded on March 2, 2017 between Defendant A and Defendant B on the real estate stated in the separate sheet between Defendant A and Defendant B is 185,50.

Reasons

1. Basic facts

A. (1) On July 28, 201, the Plaintiff is a stock company C (hereinafter “C”) with the purpose of trade in clothing products and wholesale and retail trade around July 28, 201.

B) As between the guarantee limit and the credit guarantee agreement for a limited transaction with the content that the guarantee limit is one billion won and the credit guarantee agreement for a limited transaction period from July 28, 201 to July 27, 2012 (hereinafter “instant credit guarantee agreement”).

(2) Defendant A, a representative director of C, jointly and severally guaranteed all obligations, such as indemnity amount, owed to the Plaintiff under the credit guarantee agreement of this case. (C) Under the credit guarantee agreement of this case, Defendant A, pursuant to the credit guarantee agreement of this case, obtained the credit guarantee agreement of 200 million won, including the amount guaranteed: (a) KRW 450 million under the name of the loan for small and medium enterprises; (b) the period of guarantee extended until November 20, 2012 (the extended period to November 17, 2017 after this period; (c) KRW 50 million under the credit guarantee agreement of this case; (d) KRW 11,76 million under the guarantee period; and (e) KRW 200,000,000 under the credit guarantee agreement of this case; and (e) KRW 18,000,000,0000 under the guarantee period; and (e) KRW 200,000,000,00.315.

3) According to the instant credit guarantee agreement, C and the Defendant A bear the obligation to repay in advance for the amount guaranteed by the Plaintiff when grounds, such as filing an application for commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, etc. (Article 8(1)5), and C and the Defendant A pay damages, etc. at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment (Article 12(1)2).

c.credit guarantee accidents;