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(영문) 서울중앙지방법원 2015.07.08 2014가합579426

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. A. On February 4, 2010 ( February 1, 2013), the Industrial Bank of Korea of Small and Medium Enterprise Fund Loans on August 14, 2010 (68,00,200,61,200 (61,200,000) (61,200,000) of the Industrial Bank of Korea of Small and Medium Enterprise Fund Loans on August 13, 2010 of the guaranteed principal (the changed amount) guarantee period (the extended due date) as of the date when the Plaintiff’s payment of loans was concluded, and on August 9, 2013 (the date when August 9, 2013), the Plaintiff is a company that is a national bank of general financing loans on August 136, 200,00 (122,40,000,000,000,000,000,000,00) as a general financial company (the Plaintiff’s general financial company).

(2) As indicated below, each credit guarantee agreement is concluded between the parties to the credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”).

(2) The non-party company obtained a credit guarantee under the agreement and obtained a loan from the relevant financial institution (hereinafter “instant loan”).

(2) On September 15, 2012, upon the credit guarantee agreement, C and E jointly and severally guaranteed the performance of all obligations owed by the non-party company to the Plaintiff. (2) The non-party company lost its interest due to delinquency in payment of interest on the instant loan. Under the credit guarantee agreement of this case, the Plaintiff paid 85,849,897 won to the Bank of Korea on November 28, 2012, and the principal and interest of the loan amount of KRW 185,891,151 to a national bank on the same day.

3) On August 12, 2013, the Plaintiff filed a claim for reimbursement against Nonparty Company C, C, and E as Seoul Central District Court Decision 2013Da5027841, the Plaintiff was sentenced to the judgment on August 12, 2013, that “The Plaintiff jointly and severally paid the Plaintiff KRW 271,431,431,51,512 of the principal and interest of the loan of KRW 271,741,048 of the outstanding payment of KRW 91,030 of the outstanding payment of KRW 271,741,048 of the outstanding payment of KRW 91,030 of the outstanding payment of KRW 1,301,00 of the outstanding payment of KRW 1,300 of the outstanding payment, and delay damages therefor shall be paid.” The above judgment became final and conclusive at that time. (b) C’s disposal of real property by December 28,

1. It is below the stated real estate.