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(영문) 서울중앙지방법원 2016.02.05 2015가합505958

사해행위취소

Text

1.For the plaintiff: (a)

Defendant A andB shall jointly and severally pay for KRW 202,032,039 and KRW 112,878,114. < Amended by Act No. 1310, Jan. 9, 2015; Act No. 8690, Apr. 254>

Reasons

1. Basic facts

A. Each credit guarantee agreement and joint and several sureties 1) The Plaintiff: (a) the amount of KRW 110,500,000, out of the amount that Defendant A and the above Defendant, who operated the K Livestock Distribution on August 16, 2010, intended to obtain a loan from the Korea Exchange Bank, shall be the principal of credit guarantee; and (b) the term of guarantee shall be from August 26, 201 to August 25, 201 (hereinafter “the first credit guarantee agreement”).

Upon entering into a credit guarantee agreement, on August 26, 2010, the credit guarantee certificate (guarantee number: L) issued to the Korea Exchange Bank. On August 24, 201, the term of guarantee was until August 24, 2012; the term of guarantee was August 23, 2012; the term of guarantee was changed as of August 23, 2013; and the term of guarantee was changed as of August 22, 2014; and ② on March 9, 2012, the credit guarantee agreement between Defendant A and the said Defendant and the amount that the said Defendant wishes to obtain a loan from a new bank, with the principal of credit guarantee agreement as of March 9, 2012 to March 28, 2013 (hereinafter “the term of guarantee agreement”).

(2) On March 22, 2011, the Plaintiff concluded a credit guarantee agreement (hereinafter “the instant third credit guarantee agreement”) between April 22, 2011 and the said Defendant issued a credit guarantee principal to a new bank, and concluded a credit guarantee agreement between April 22, 2011 and March 18, 2019 (hereinafter “the instant third credit guarantee agreement”) with the term of guarantee until March 7, 2014, and the term of guarantee on March 3, 2014 as until March 6, 2015. < Amended by Act No. 10248, Apr. 22, 2011; Act No. 10273, Apr. 22, 2011; Act No. 10755, Apr. 22, 2011>

3) At the time of each credit guarantee agreement, the Plaintiff, Defendant A, and C, and (1) when the Plaintiff performed a guaranteed obligation based on a credit guarantee agreement, the Plaintiff’s interest rate (18% per annum from January 1, 1999 to May 31, 2005; 15% per annum from the following day to November 30, 2012) determined by the Plaintiff within the scope of 25% per annum under Article 35 of the Credit Guarantee Fund Act.