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(영문) 대전지방법원 2015.07.16 2014가합106964

사해행위취소, 구상금 청구의 소

Text

1.(a)

Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 272,415,455 and KRW 271,236,290 among them.

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

(1) The term “credit guarantee agreement” refers to a credit guarantee agreement between the Plaintiff and the Plaintiff, between ① KRW 270 million in the principal of the credit guarantee on April 30, 2012, and between April 30, 2012 and April 29, 2013 (hereinafter “credit guarantee agreement”).

(2) A credit guarantee agreement with a credit guarantee principal of KRW 63 billion on June 7, 2012, and a credit guarantee agreement with a credit guarantee period of KRW 63 million on June 5, 2020 (hereinafter “Second credit guarantee agreement”).

A) A credit guarantee agreement between B and B (hereinafter “third credit guarantee agreement”) between June 7, 2012 and June 14, 202, with the credit guarantee principal of KRW 67,500,000,000 and the period of the credit guarantee (hereinafter “third credit guarantee agreement”).

At the time of the conclusion of each of the above credit guarantee agreements, when the Plaintiff performed the guaranteed obligation under the above credit guarantee agreements, Defendant A agreed to pay the Plaintiff the amount of the guaranteed obligation, and damages for delay from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, settled damages, attempted penalty, and advances. 2) Defendant B (the representative of Defendant A) and Defendant C jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the first credit guarantee agreement, and Defendant B jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the second and third credit guarantee agreement.

B. On April 30, 2012, pursuant to the first credit guarantee agreement, the Plaintiff issued to Korea bank a credit guarantee certificate of KRW 270 million with the guaranteed principal and KRW 270 million with the guaranteed principal (which shall be extended until April 29, 2014) on April 29, 2013, and Defendant A received a loan of KRW 300 million from Korea bank based on the said credit guarantee agreement on the same date. 2) The Plaintiff issued a credit guarantee certificate of KRW 63 billion with the guaranteed principal and the guaranteed term on June 7, 2012 to Korea bank on June 5, 202, and Defendant A issued a credit guarantee certificate of KRW 670 million with the said credit guarantee agreement on June 14, 2012.