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(영문) 광주고등법원 2015.05.27 2014나11948

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph (c) of Article 1 of the Court of First Instance.

Reasons

1. Basic facts

A. On December 31, 2007 and September 15, 2011, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) concluded a credit guarantee agreement with the Plaintiff on two occasions, respectively, and submitted and borrowed a credit guarantee certificate under the respective credit guarantee agreement from the Plaintiff to the Industrial Bank of Korea. The Defendant jointly and severally guaranteed all the obligations, such as indemnity, owed to the Plaintiff according to the respective credit guarantee agreement.

Detailed details of each credit guarantee agreement, etc. above shall be as follows:

(1) According to the sequence of each credit guarantee agreement, the amount of damages calculated on December 31, 2007, 70,000,000 won 560,000 won on December 30, 2008 (up to December 28, 2012) C (up to 30,000,000 won) (up to December 28, 2012) included the amount of damages calculated on September 15, 201 x 45,00,000 won x 20,000 won on September 14, 2012 (up to 20,000 won on September 13, 2013; 20,000 won on the 5th day after the date of concluding the contract x 20,000 won on the guarantee bond x 36,075,00 won (up to 36,636,7636,57,067,0636,5,57, etc.

The rate determined damages for the number of days of the collection date by the sequence 115,140 won on July 8, 2014, 12% on the 55-day 21,009 won 7.1,90,000 won on November 25, 2014.