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(영문) 대전지방법원 2013.11.13 2012가합103305

사해행위취소, 구상금

Text

1. Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E are jointly and severally liable for damages to the Plaintiff.

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(3) The Plaintiff and the Plaintiff’s credit guarantee agreement (hereinafter “each credit guarantee agreement”) refers to the instant 1 credit guarantee agreement, “the instant 2 credit guarantee agreement,” and “the instant 3 credit guarantee agreement,” as indicated in the following table:

(2) In conclusion, Defendant A’s payment of the principal and interest of the loan was agreed upon by the Plaintiff as to the principal and interest of the loan on behalf of the Plaintiff by failing to perform the obligation to repay the loan incurred to the lending institution. Defendant B, Defendant C, Defendant D, and Defendant E Co., Ltd. (hereinafter “Defendant E”), on the date when the principal and interest of the loan were paid to the Plaintiff, and on the date when the principal and interest were paid to the Plaintiff.

(2) The Plaintiff jointly and severally guaranteed the Defendant A’s obligation under each of the instant credit guarantee agreements. On March 31, 2007, the credit guarantee principal of the instant credit guarantee principal on March 31, 2007, which was the date of the credit guarantee agreement agreement, issued each of the credit guarantee agreements to Han Bank Co., Ltd. (hereinafter “I Bank”) in accordance with each of the instant credit guarantee agreements, with KRW 96,000,000,000, KRW 360,000,000 under the instant credit guarantee agreement, and accordingly, one Bank paid a loan to Defendant A as indicated below.

The guarantee period of each of the credit guarantee agreements between the Plaintiff and Defendant A is March 16, 2012, the guarantee period of each of the credit guarantee agreements of this case is 216,00,000,000 won for the guarantee period of each of the credit guarantee agreements of this case, as the guarantee period of each of the credit guarantee agreements of this case, the principal of the first agreement of this case is 324,00,000,000 won for the guarantee principal of the second agreement of this case, and the guarantee principal of the second agreement of this case is 324,00,000 won for the guarantee principal of the second agreement of the credit guarantee of this case, and the guarantee principal of the second agreement of this case is 86,400,000 won for the guarantee principal of the third agreement of this case.