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(영문) 광주지방법원 2015.11.05 2015가합53843

사해행위취소

Text

1. The Plaintiff:

A. Defendant A, Defendant B, and Defendant C are jointly and severally 284,244,518 won and 250,512,578 won among them.

Reasons

1. Basic facts

A. The Plaintiff’s status is a juristic person established with the aim of contributing to the balanced development of the national economy by establishing a sound credit order through efficient management and use of credit information, which has weak collateral ability, but has a good credit standing, thereby facilitating the financing of enterprises by guaranteeing the obligations of enterprises with good credit standing.

B. The Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) made an application for credit guarantee to the Plaintiff while entering into a credit guarantee agreement with the non-party financial institutions as follows. The Plaintiff, upon entering into a credit guarantee agreement with the Defendant Company, agreed to pay the Plaintiff the amount of money paid by the Plaintiff for the guaranteed obligation and the damages for delay in accordance with the ratio set by the Plaintiff from the date of performance to the date of full payment; ② if the Plaintiff fails to pay the loan obligation within the given period, the penalty calculated by adding 0.5% to the fixed rate of guarantee from the date following the date of performance of the loan obligation to the non-performance obligation; ③ all legal procedure expenses paid by the Plaintiff for the preservation of the indemnity claim (hereinafter “each credit guarantee agreement of this case”), and the Plaintiff jointly and severally guaranteed each of the credit guarantee agreements of this case as follows:

Defendant B Co., Ltd., Defendant C D Co., Ltd., Defendant C Co., Ltd., of Defendant C Co., Ltd., of 2015-09-09-4 142,500,000 G Co., Ltd. branch office 2015-08-18,500,000 of G Co., Ltd. branch office 2010-08-18,000,000 of the guarantee date loan of the principal debtor as the guarantee date of the guaranteed financial institution (won).