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(영문) 서울중앙지방법원 2017.09.28 2017가합506405

사해행위취소

Text

1. The Plaintiff:

A. Defendant A shall be charged with KRW 827,459,312 and KRW 826,410,984.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff signed a credit guarantee agreement. The Plaintiff is Defendant A and B (hereinafter “Defendant Company”).

(3) As indicated below, the credit guarantee agreement of this case No. 1, 2, 3 shall be deemed to be a credit guarantee agreement in the order of the following table:

(2) Defendant A jointly and severally guaranteed the obligation to compensate the Plaintiff based on the instant credit guarantee agreement. The content of Defendant A’s debt guarantee agreement extended to Defendant AD 100,000,000 (Reduction to 90,000,000) on the date of concluding the contract, which is 10% (Reduction to 90%) on June 25, 2015, 2016 (Extension to June 23, 2017), which is 2 Defendant E 190,000,000,005% on 95% on 20, 2013 on June 20, 2014, the Plaintiff paid the Plaintiff the guaranteed obligation to compensate the Plaintiff for the expenses incurred by Defendant AF 3,50,000,000,000 on June 20, 2014 and the amount of damages incurred by the Plaintiff for delay prior to the performance of the guaranteed obligation.

3) The agreed damages rate for the above subrogated amount is 14% per annum from April 17, 2003 to November 30, 2012, 16% per annum from April 17, 2003 to April 17, 2003; 16% per annum from March 3, 2003; 12% per annum from December 1, 2012 to January 31, 2016; and 10% per annum from February 1, 2016. (B) Defendant A provided a credit guarantee agreement for the instant first credit guarantee and received a loan of KRW 90 million from an enterprise bank; Defendant A provided a credit guarantee agreement for a loan of KRW 160 million from the enterprise bank; and Defendant A provided a credit guarantee agreement for a loan of KRW 370 million from the enterprise bank; and Defendant A provided a credit guarantee agreement for a loan of KRW 90 million to 370 billion; and Defendant A provided a credit guarantee agreement for 300 billion.

2. The plaintiff 2.