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(영문) 서울중앙지방법원 2015.06.12 2013가합509789
사해행위취소
Text

1. As to KRW 112,039,217 and KRW 111,63,687 among the Plaintiff and the Plaintiff, Defendant A and B, jointly and severally, respectively, shall be from April 4, 2012 to June 2013.

Reasons

1. Determination as to the claim for reimbursement against the defendant A and B

A. 1) The Plaintiff is a corporation established by the Trade Insurance Act for the purpose of facilitating trade and overseas investment by operating a trade insurance system to secure risks arising in connection with foreign trade such as trade.

B) Defendant A is a non-humanist in the U.S. located in the U.S., with the trade name of “D” (JB AINTNATRCO. hereinafter referred to as “non-humanist”).

(2) The Plaintiff is an exporter exporting female bags, etc. to the Plaintiff, and Defendant B is the wife of Defendant A, and Defendant A is an export credit guarantee agreement between the Plaintiff and Defendant A on September 24, 2001 (hereinafter “instant export credit guarantee agreement”) under which the Plaintiff guarantees the Plaintiff’s debt for repayment due to the Plaintiff’s failure to receive the export payment from the loan-handling institution after receiving the loan of the amount equivalent to the export payment from the loan-handling institution by issuing and selling a bill of exchange between Defendant A and Defendant A, and Defendant A, while engaging in export transactions with the non-in-in-person personal identification.

(B) Defendant B concluded the export credit guarantee contract of this case on the same day. The main contents of the export credit guarantee contract of this case are as follows. The export credit guarantee contract of this case was amended on July 6, 2010 of the terms and conditions of export credit guarantee (after loading) under the export credit guarantee contract of this case.

(a) The same shall apply;

The main contents of the attached Form shall be as follows.

2. Entry in terms and conditions of export credit guarantee;

Article 2 (Contents, etc. of Credit Guarantee) In principle, 50,000 U.S. dollars and revolving the credit guarantee limit.

b. JBINERNAL CO. 10 (Reimbursement of Guarantee Debt Performance, etc.) ① Defendant A shall refund the following amounts according to the method determined by the Plaintiff when the Plaintiff performed the guaranteed obligation when the Plaintiff performed the guaranteed obligation:

However, in accordance with Article 5.

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