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(영문) 서울중앙지방법원 2017.09.01 2017가합503260

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Company A (hereinafter “A”) shall conclude and amend the credit guarantee agreement.

(4) On June 27, 2008, A concluded a credit guarantee agreement with respect to the principal and interest of KRW 170,000,000 for the guaranteed amount and KRW 200,000 for the corporate ordinary loans to be borrowed from a national bank on June 26, 2009, and thereafter extended the credit guarantee term on March 28, 2016. < Amended by Presidential Decree No. 2557, Jun. 30, 2008; Presidential Decree No. 17065, Jun. 26, 2009; Presidential Decree No. 17875, Jun. 3, 2005; Presidential Decree No. 17873, Jun. 17, 2016; Presidential Decree No. 17065, Jun. 26, 2009; Presidential Decree No. 17888, Mar. 19, 2005>

(2) According to each credit guarantee agreement of this case, the Plaintiff issued a credit guarantee certificate to A pursuant to each of the credit guarantee agreements of this case. (2) According to each of the credit guarantee agreements of this case, when the Plaintiff performed the obligation to guarantee, the Defendant paid ① the amount of the obligation to guarantee and the amount of damages calculated at the rate prescribed by the Plaintiff (10% per annum according to the entry of the director of the claim for reimbursement of evidence No. 4), ② legal procedure costs, ③ additional guarantee fees, etc.

B. A’s loan and the Plaintiff’s subrogation 1 A provide each of the credit guarantees of this case issued by the Plaintiff as security.