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(영문) 서울중앙지방법원 2012.08.17 2011가합129851

사해행위취소

Text

1. The Plaintiff:

A. The defendant A, B, and C are jointly and severally 447,401,086 won and 195,719,469 won among them.

Reasons

1. Basic facts

A. (1) On June 8, 2010, the Plaintiff entered into a credit guarantee agreement, etc.) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

The credit guarantee principal and 240,00,000 won, and the credit guarantee period were extended from June 8, 2010 to June 7, 2011 (this later was extended to December 2, 2011).

(i)a credit guarantee agreement with terms and conditions covered by the first guarantee agreement (hereinafter referred to as “first guarantee agreement”);

The Defendant Company entered into a credit guarantee agreement (Guarantee No. H) and issued a credit guarantee agreement to the Defendant Company. On the same day, the Defendant Company provided a refund loan of KRW 300,000,000 from the South-dong Bank Enterprise Finance Center (hereinafter referred to as “first loan”).

(2) On July 19, 201, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with the content of a credit guarantee principal of KRW 101,60,00,000, and a credit guarantee agreement with the term from July 19, 201 to July 18, 2013 (hereinafter referred to as “credit guarantee agreement”) and a credit guarantee agreement with the content of a credit guarantee principal of KRW 114,40,00,000, and the credit guarantee period from July 19, 201 to July 18, 2012 (hereinafter referred to as “third-guarantee agreement”) respectively, and issued each credit guarantee agreement (i.e., the International Credit Guarantee Agreement: J) to the Defendant Company.

On the same day, the Defendant Company received 127,00,000 won, 143,000,000 won from the previous branch of the Industrial Bank of Korea as collateral each credit guarantee letter (hereinafter “2,3 loans”) in order of each substitute loan (hereinafter “the above credit guarantee letter”).

3) According to each credit guarantee agreement made between the Plaintiff and the Defendant Company, where the Plaintiff pays the principal and interest of loan by subrogation, the Defendant Company shall pay to the Plaintiff the damages calculated by multiplying the amount of performance of the guaranteed obligation and the amount thereof by the rate (15% per annum) determined by the Plaintiff from the date of repayment of the guaranteed obligation until the date of repayment of the guaranteed obligation, ② the expenses incurred in the performance of the guaranteed obligation, the preservation, transfer and exercise of the right acquired from the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer and exercise of the right, as well as the above expenses, from the date of