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(영문) 인천지방법원 2016.02.05 2015가합50305
사해행위취소
Text

1. The date of April 30, 2014, concerning the real estate listed in the attached Table 2 List concluded between C and Defendant B.

Reasons

1. Basic facts

A. On April 11, 2007, the Plaintiff entered into a credit guarantee agreement and issued a credit guarantee letter. D Co., Ltd. (hereinafter “Nonindicted Company”)

between the non-party company and the non-party company, hereinafter referred to as “Korea bank”).

(2) The credit guarantee agreement to secure the repayment of the principal and interest of the loan (hereinafter referred to as the “credit guarantee agreement of this case”).

Upon entering into a credit guarantee agreement, the guarantee limit is KRW 1 billion, and the limit transaction period is from April 11, 2007 to April 10, 2009. Meanwhile, C, the representative director of the non-party company, guaranteed the debt under the credit guarantee agreement in this case of the non-party company. 2) On April 17, 2007, the Plaintiff entered into a credit guarantee agreement with the non-party company with the guarantee period of KRW 340 million from April 17, 2007 to April 16, 2008 (hereinafter “the first guarantee”) and issued the credit guarantee agreement.

3) On December 21, 2007, the Plaintiff’s credit guarantee principal amounting to KRW 2550 million with Nonparty Company, and the credit guarantee agreement between December 21, 2007 and December 19, 2008 (hereinafter “the second guarantee agreement”).

(4) On February 20, 2009, the Plaintiff entered into a credit guarantee agreement with the non-party company and issued a credit guarantee agreement (hereinafter referred to as the "third guarantee agreement") with the guarantee period from February 20, 2009 to February 19, 2010.

B) A credit guarantee was concluded and a written credit guarantee was issued. (B) A credit guarantee accident occurred as of July 7, 2014 due to the date of partial repayment of the loan principal of the Korean bank, which was due to which the payment was due, and upon our bank’s request for the performance of the guaranteed obligation, the Plaintiff paid to the Korean bank the total of KRW 315,647,192 (principal 314,50,500), KRW 185,157,435 (principal 184,680,000), and the principal and interest of the loan related to the second guarantee (principal 184,680,000), KRW 255,841,569 (principal 25,646,000,000) related to the third guarantee (= principal 315,647,192,195, 185, 195, 25345,569.

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