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(영문) 인천지방법원 2016.03.10 2015가합56037

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. Contract of credit guarantee agreement and joint and several sureties 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”)

(3) The credit guarantee agreement of this case provides that each of the credit guarantee agreements of this case (hereinafter referred to as “the credit guarantee agreements of this case”) with the content of guaranteeing the performance of loans as stated in the table of

(2) Upon receipt of a credit guarantee agreement from the Plaintiff, the non-party company obtained a loan from each of the financial institutions listed below in the “credit guarantee agreement”. The non-party company concluded a credit guarantee agreement with the creditor company on February 26, 2014, and concluded a separate credit guarantee agreement between the creditor company and the non-party company and the Plaintiff on October 27, 2013, with a separate credit guarantee agreement between the creditor company and the non-party company and the other creditor on February 26, 2014 (by the end of February 26, 2016). The non-party company concluded a credit guarantee agreement between the creditor company and the other creditor on October 21, 2014, with a separate credit guarantee agreement between the creditor company and the non-party company and the other creditor on October 24, 2013 (by the extended period until October 1, 2014).

3) At the time of each credit guarantee agreement of this case, B, the representative director of the non-party company, was jointly and severally guaranteed all obligations owed by the non-party company to the plaintiff pursuant to each credit guarantee agreement of this case. (B) The non-party company delayed interest on each of the above loans on April 2, 2015, and the national bank notified the plaintiff that the credit guarantee accident of the loss of the benefit of time occurred around that time.

2. On July 31, 2015, the Plaintiff: (a) pursuant to the credit guarantee agreement Nos. 1, 259,221,821, the sum of the principal and interest of the loan to the Bank according to the credit guarantee agreement as stated in the said table of the credit guarantee agreement.