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(영문) 인천지방법원 2015.02.04 2014가합54003
사해행위취소
Text

1. The Plaintiff:

A. The defendant A and B shall be jointly and severally liable for KRW 963,677,893 and KRW 703,242,538.

Reasons

Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff on the recognition of the determination of the claim against Defendant A, B, and C as follows:

① On May 20, 2010, the Defendant Company concluded a credit guarantee agreement between May 20, 2010 and May 19, 2015, which covers KRW 285,00,000 as the principal of the credit guarantee, and the term of guarantee from May 20, 2010 to May 19, 2015.

(2) On April 29, 201, the Defendant Company: (a) concluded a credit guarantee agreement with the term of guarantee from the Non-Party National Bank to April 27, 201; (b) changed the term of guarantee from April 201 to April 26, 2013; and (c) changed the term of guarantee from April 24, 201 to April 25, 201 (hereinafter referred to as “second guarantee”); (c) concluded a credit guarantee agreement with the Defendant Company as KRW 459,00,000, out of the amount of guarantee sought from the Non-Party National Bank; and (d) concluded a credit guarantee agreement with the term of guarantee from April 29, 201 to April 27, 2012; and (e) concluded a credit guarantee agreement with the term of guarantee from the Non-Party National Bank to April 13, 2015 to April 25, 2014 (hereinafter referred to as “the term of guarantee”).

(hereinafter “third guarantee”). At the time of the first, second, and third guarantee, the Plaintiff agreed to pay the principal and interest on the payment and damages in accordance with the interest rate set by the Plaintiff within the scope of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act. From December 1, 2012, the Plaintiff agreed to pay the guarantee fee, fine for negligence, and penalty in accordance with the rate, calculation method, and collection period set by the Plaintiff based on the governing law of Article 1 of the said Credit Guarantee Agreement.

As to Defendant B’s third guarantee, Defendant C respectively, and as to Defendant C’s first and second guarantee.

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