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(영문) 대전지방법원 2018.02.07 2015가합104217

사해행위취소

Text

1. The Plaintiff:

A. Defendant A Co., Ltd and Defendant B shall jointly and severally engage in KRW 189,532,708 and KRW 183,175,726 of the said money.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) As indicated in the table below, the credit guarantee agreement between Defendant C (hereinafter “each of the instant guarantee agreements”) is concluded between Defendant C and each of the instant guarantee agreements is “1, 2, and 3” by the sequences individually.

(1) Upon receipt of a credit guarantee agreement, Defendant A and Defendant C were granted a loan as indicated below under the credit guarantee agreement. The details of loans for the establishment of the credit guarantee agreement are as follows. According to the guarantee agreement for the first guarantee of the guaranteed principal on the date of guarantee of the guaranteed principal (cost) as of October 14, 2013, E 45,000,000 the Industrial Bank of Korea No. 2 A, No. 2135,000,000 on May 21, 2014, Defendant C and the Plaintiff were repaid to the Plaintiff on May 20, 2015, according to the guarantee agreement for the first guarantee of the guaranteed principal (cost) as of the guaranteed principal on the date of guarantee of the guaranteed principal (cost). According to the repayment agreement for the first guarantee agreement between Defendant A and the Plaintiff on May 14, 2011, Defendant C’s repayment of the principal and interest rate of delay to the Plaintiff on May 20, 2011.

3) Meanwhile, Defendant A, the representative director of Defendant A, jointly and severally guaranteed the obligation of Defendant A and Defendant C to the Plaintiff under each credit guarantee contract of this case. (b) The occurrence of a guarantee accident and the Plaintiff’s subrogation 1) Defendant A delayed payment of interest on the obligations to the new bank on March 3, 2015, and delayed payment of interest on the obligations to the Bank on March 14, 2015, and Defendant C delayed payment of interest on the obligations to the Bank, and each guarantee accident occurred due to delinquency in payment of the principal amount to the National Bank. As such, the Plaintiff repaid the obligations to the Defendant A and Defendant C on behalf of the Defendant and the Defendant C,

On July 17, 2015, the 137,241, and 2212, the 146,126, and 212, the National Bank on July 13, 2015, of the 137,241, and the 3rd Guarantee Agreement of the New Bank on July 17, 2015, the Industrial Bank of Korea 45,934,505, the 137,241, and 2212.