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(영문) 대구지방법원안동지원 2015.07.02 2013가합3351

사해행위취소 등

Text

1. The Plaintiff:

A. Defendant A farming association corporation, B, C, E, F, G, H, I, and J are jointly and severally 352,483,184 won and among them 257,954.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 7 and 9 (including branch numbers, if any).

1) Defendant A Agricultural Partnership Co., Ltd. (hereinafter “CFF”) shall be the following:

) The Korea Exchange Bank, Inc. and the Korea Exchange Bank (hereinafter “Korea Exchange Bank”);

(3) In order to secure the repayment obligation of the funds to be borrowed from the Plaintiff, the credit guarantee agreement with the Plaintiff (hereinafter “instant first credit guarantee agreement”) No. 1 and the credit guarantee agreement No. 2 in an order of priority as set out below (hereinafter “the instant credit guarantee agreement”) and each of the above credit guarantee agreements is collectively referred to as “each of the instant credit guarantee agreements.”

(1) On December 19, 208, Defendant B, E, F, G, H, I, and J jointly and severally guaranteed all obligations owed to the Plaintiff by Defendant A farming association under each of the credit guarantee agreements of this case on the date of the conclusion of each of the credit guarantee agreements of this case. [S] The amount guaranteed by the term of guarantee on November 24, 2006 (80% of loans) 40 billion won on December 23, 2009 (80%) 200 million won on December 19, 2008 (95%) totaled KRW 685 million on December 18, 2009, each of the credit guarantee agreements of this case includes the following contents in the credit guarantee agreement of this case, in lieu of the loan granted by Defendant A farming association within the term of guarantee, and thus, the amount paid by the Plaintiff to the Plaintiff during the period from the date of the conclusion of each credit guarantee agreement of this case (1.5 million won on December 28, 2009):

(B) The Defendant A farming association shall pay the amount of the guaranteed amount in accordance with the rate of 0.5% per annum from the day following the expiration date of the guarantee to the day preceding the date of the subrogated payment if the obligation is not repaid by the due date of the guarantee.