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(영문) 서울중앙지방법원 2018.11.20 2018가단5032121
사해행위취소 등
Text

1.(a)

On November 30, 2016, the real estate set forth in [Attachment A] Nos. 1 and 2 between Defendant A and E was concluded.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan to F Co., Ltd. and joint and several sureties 1) The Plaintiff is a stock company F on April 25, 2012 (hereinafter “F”).

(2) On June 29, 2012, the Plaintiff entered into a credit transaction agreement with F on May 25, 2012, under which the credit transaction agreement was concluded on the loan of the subject of the loan, the credit amount of KRW 500,000,00, and the credit amount of KRW 500,000, and the credit transaction agreement was executed. E is jointly and severally guaranteed by F within the limit of KRW 600,000 on the guarantee limit. (2) On June 29, 2012, the Plaintiff entered into a credit transaction agreement between F and F on the loan of the subject of the loan, the credit amount of KRW 300,000,000, and the credit transaction agreement was executed on June 28, 2013. E is jointly and severally guaranteed by F within the limit of KRW 360,00,000,000 on the guarantee limit.

3) On March 7, 2013, the Plaintiff entered into a credit transaction agreement with F on February 25, 2014, the loan for the subject of the loan, the credit amount of 580,000,000 won, and the credit transaction agreement was executed on February 25, 2014, and E guaranteed the Plaintiff’s obligation to the Plaintiff under the said agreement within the limit of 104,30,000 won as the guarantee limit. 4) On March 26, 2013, the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff under the said agreement within the limit of 864,00,000 won.

5) On November 19, 2014, the Plaintiff entered into a credit transaction agreement with F on November 19, 2015, as the loan for small and medium enterprises in the subject of the loan, the credit amount of KRW 187,00,000, and the credit transaction agreement on November 19, 2015, and carried out the loan under the said agreement. E jointly and severally guaranteed the Plaintiff’s obligation owed by F under the said agreement within the limit of KRW 224,30,000,000, respectively. 6) between F and F on February 2, 2015.

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