logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.05.14 2014나2028976
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the defendant W and the part against the defendant X shall be revoked, which corresponds to the above revoked part.

Reasons

1. Basic facts

A. On June 18, 2008, the Plaintiff entered into a credit guarantee agreement for the first credit guarantee agreement with A (hereinafter “A”) on June 18, 2008, and entered into a credit guarantee agreement (hereinafter “credit guarantee agreement for the first credit guarantee agreement”) with A Co., Ltd. (hereinafter “A”), the credit guarantee principal, KRW 1,997,50,000, and the guarantee period from June 18, 2008 to June 17, 2013, and A obtained a loan of KRW 2,350,000,000 from the National Bank (hereinafter “National Bank”) as collateral for a corporate financing loan (hereinafter “the first credit guarantee agreement”).

B) On February 25, 2009, the Plaintiff entered into a credit guarantee agreement under Article 2 (2) of the instant contract with the Central Design Co., Ltd. (hereinafter “Central Design”).

(2) The credit guarantee agreement between the Plaintiff and the Plaintiff on the limit of guarantee amount of KRW 1.5 billion and the credit guarantee agreement between February 25, 2009 and February 24, 2010 (hereinafter “instant credit guarantee agreement”).

After the conclusion of the contract, ① the amount of the credit guarantee principal of KRW 850,500,000,000 ( thereafter the guaranteed principal was changed to KRW 81,00,000,000) to the National Agricultural Federation.

(B) From February 26, 2009 to February 25, 2010, the credit guarantee period was changed from February 26, 2009 to February 25, 2011.

(i)issuance of a letter of credit guarantee and central design shall provide loans of KRW 900,000,000 from the Agricultural Federation as security for the said letter of credit guarantee (hereinafter referred to as “instant second loan”).

(2) A new bank (hereinafter referred to as “new bank”)

(B) The credit guarantee principal of the credit guarantee shall be KRW 95 million, and the credit guarantee period shall be from December 16, 2009 to December 15, 2010, and the Central Design shall be extended from the new bank as security with a loan of KRW 95 million (hereinafter “third loan of this case”).

(3) Issuance of a letter of credit guarantee with the credit guarantee principal of KRW 50 million and the credit guarantee period from March 4, 2009 to March 3, 2014 to the Agricultural Cooperatives Federation, and the central design is above.

arrow