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(영문) 제주지방법원 2015.04.29 2014나4385

사해행위취소

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1. All appeals filed by the Plaintiff and Defendant A are dismissed.

2. The costs of appeal between the Plaintiff and the Defendant A are Defendant A and Defendant A.

Reasons

Based on the facts, the Plaintiff’s claim against C was entered into a credit guarantee contract with C on the date stated in the column of the contract date for the loan as stated below by the Industrial Bank of Korea.

(hereinafter the following table 1 refers to the “first guarantee contract of this case” and the “second guarantee contract of this case” as stated in No. 2). D is jointly and severally and severally and severally and severally liable for reimbursement under the second guarantee contract of this case.

On August 11, 2006, Industrial Bank of Korea 50,000,000 won 42,500,000,000 on August 17, 2007, 2009, when the guarantee amount of loans extended by financial institutions borrowing the date of a contract is guaranteed by the Plaintiff, and Article 6 (1) of the Credit Guarantee Agreement concluded between the Plaintiff and C provides that the principal debtor and the guarantor shall pay the Plaintiff the amount guaranteed by the Plaintiff before the discharge of the guaranteed obligation, even if there is no notice or peremptory notice, if there is a specific reason, before the Plaintiff’s repayment of the guaranteed obligation. In addition, Article 6 (1) of the Credit Guarantee Agreement concluded between the Plaintiff and C provides that C shall pay the Plaintiff the amount guaranteed by the Plaintiff before the discharge of the guaranteed obligation, by exercising the Plaintiff’s right to reimbursement and the guarantor’s right to reimbursement against the principal and the guarantor’s right to reimbursement against the Plaintiff, notwithstanding the fact that the Plaintiff’s principal obligation and the guarantor’s obligation are not objectively aggravated.

The guarantee term of the first guarantee contract of this case is extended every year by the due date of August 4, 201. The guarantee term is extended by August 3, 2012. The guarantee term of this case was reduced by 32 million won. In other words, the guarantee term of this case was extended by August 3, 2012. The guarantee term of this case was extended by August 2, 2013, and the second guarantee term of February 16, 2011.