구상금 및 사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic facts: (a) A Co., Ltd. (hereinafter “D”) entrusted the Plaintiff with a credit guarantee to obtain a loan necessary for operating a business; (b) the Plaintiff entered into a credit guarantee agreement between D and D with a credit guarantee agreement with a maximum amount of credit guarantee to KRW 50,00,000 on June 30, 2010; and (c) the credit guarantee period from June 30, 2010 to June 27, 2014.
On June 30, 2010, the Plaintiff guaranteed D’s credit by issuing a credit guarantee certificate (credit number: F.F. and the first guarantee) with the guarantee certificate as security to the other party at the Switzerland Bank (hereinafter referred to as “SCC”) at the bend and bend, KRW 50,000,000, and the guarantee term until June 27, 2014. D obtained a loan of KRW 50,000,000 from the SCF Bank on July 2, 2010.
On April 21, 201, the Plaintiff entered into a credit guarantee agreement under which the credit guarantee limit is KRW 225,00,000, and the credit guarantee period is from April 21, 201 to April 20, 2012, and the Plaintiff borrowed KRW 250,000,000 from the Industrial Bank of Korea on April 21, 201 to the branch office of the Bank (hereinafter referred to as the “Bank”); the guarantee principal is KRW 225,00,000; the guarantee principal is issued until April 20, 2012; the credit guarantee period is set up as a loan for corporate purchase funds (A and secondary guarantee number); and D obtained a loan from the Industrial Bank of Korea on April 21, 2011 as a collateral.
H and A, at the time of each credit guarantee agreement between the Plaintiff and D, jointly and severally guaranteed all obligations owed by D to the Plaintiff under the said credit guarantee agreement.
On the other hand, D is unable to repay loans on the repayment date, and the Plaintiff and D changed the credit guarantee period to April 18, 2014.
A credit guarantee accident D and each of the above banks shall be liable to pay the principal and interest in arrears or current accounts at the time of a loan agreement.