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(영문) 서울중앙지방법원 2015.03.05 2014가합542936
구상금 및 사해행위취소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 879,429,574 and KRW 103,034,782 among them, from April 11, 2014 to 382.

Reasons

1. Indication of claim;

A. The Plaintiff’s credit guarantee 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”) on March 29, 2012.

(2) The Plaintiff entered into a credit guarantee agreement between March 29, 2012 to March 28, 2014 with a maximum trading period of one billion won. In the event that the Plaintiff’s performance of the guaranteed obligation, Defendant A agreed to pay the remainder of the principal obligation for the period from March 29, 2012 to March 28, 2014; Defendant B and C (hereinafter “Defendant C”); on the same day, Defendant B and C (hereinafter “Defendant C”) agree to pay the penalty calculated at the interest rate as determined by the Plaintiff for the remainder of the principal obligation for the period from the date following the date on which the Plaintiff’s performance of the guaranteed obligation was due to the payment of the guaranteed obligation; and

(2) On March 30, 2012, the Plaintiff issued a credit guarantee certificate with the Defendant A, the guaranteed amount of KRW 420,750,000, the guaranteed amount of KRW 495,000 as of March 29, 2013 with respect to the loans to be extended by the Defendant A from the National Bank Co., Ltd. (hereinafter “National Bank”), pursuant to the said credit guarantee agreement. On the same day, the Defendant A borrowed KRW 495,00,000 from the National Bank as security, and on March 21, 2013, the guarantee term under the said guarantee was extended to March 28, 2014.

3) In accordance with the aforementioned credit guarantee agreement, the Plaintiff is a Korean Bank Co., Ltd. (hereinafter “Korea Bank”) on April 16, 2012.

On April 15, 2013, Defendant A, the guaranteed amount of KRW 476,00,00,000, and the guaranteed term of April 15, 2013, issued a credit guarantee certificate with respect to loans to be borrowed from the principal debtor. On the same day, Defendant A borrowed KRW 560,00,000 from the national bank as security, and on March 21, 2013, the guarantee term under the above guarantee term.

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