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(영문) 수원지방법원안양지원 2013.04.18 2011가단10011

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 Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement

B) On August 27, 2002, the following table "1. Credit Guarantee Date" entered into a credit guarantee agreement with the non-party company with the amount stated as the principal of each guarantee, and issued a credit guarantee agreement under each of the above agreements, and the non-party company provided a guarantee for repayment of principal and interest to be borne by the non-party company by obtaining a loan (hereinafter "one bank loan obligation") at that time from each of the financial institutions listed below, and the representative director of the non-party company provided a joint and several guarantee for the amount of indemnity to be borne by the non-party company against the plaintiff pursuant to the above credit guarantee agreement. On the other hand, on August 27, 2002, the plaintiff entered the credit guarantee agreement with the non-party company as the guaranteed principal amount of KRW 425,00,000,000 (D) and entered the credit guarantee agreement with the non-party company as the guaranteed principal until August 26, 201, and the remaining amount of the guarantee agreement with the non-party company was finally extended to 200,00.16.

B. On January 5, 201, the Plaintiff, such as occurrence of a guarantee accident and subrogation, was notified of the occurrence of a credit guarantee accident on December 20, 201 due to the financial institution and overdue payment of interest of the non-party company, etc., and pursuant to each of the above credit guarantee agreements.