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(영문) 광주지방법원 2020.12.10 2020가합51681
사해행위취소
Text

All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2017, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) by setting the guarantee period of KRW 198 million as of October 17, 202 and the guarantee period of KRW 198 million as of October 17, 2022, and entered into a credit guarantee agreement on a total of six occasions as follows. B guaranteed all the obligations that C would incur to the Plaintiff on the same day. C submitted the credit guarantee agreement issued by the Plaintiff to D Bank and E Bank to obtain each corresponding loan amount.

Serial The term of guarantee principal of the loan on the date of concluding the contract shall be KRW 198 million (the remaining amount shall be KRW 18 billion) 20 million on October 18, 2017, KRW 200 million (the remaining amount shall be KRW 18 billion) and KRW 340 million on June 12, 2018, KRW 340 million on June 11, 2019; KRW 36.5 billion on June 25, 2018; KRW 6.6.5 billion on June 25, 2018; KRW 3.6.5 billion on June 25, 2018; KRW 3.6.5 billion on June 11, 2019; KRW 3.5 billion on the E bank (the remaining amount shall be KRW 4.5 billion on June 25, 2018; KRW 3.5 billion on June 25, 2018; KRW 3.5 billion on the E bank;

B. On May 29, 2009, the Plaintiff entered into a credit guarantee agreement with F Co., Ltd. (hereinafter “F”) by setting the guarantee period of KRW 50 million, and by May 17, 2019, and entered into a credit guarantee agreement, etc., on a total of two occasions as follows. B jointly and severally guaranteed all obligations that F will incur to the Plaintiff on the same day, and F submitted the credit guarantee agreement issued by the Plaintiff to G Bank and Enterprise Bank to obtain each corresponding loan.

On May 17, 2019, G Bank KRW 38250,000 (the remaining amount shall be KRW 42,500,000,000) KRW 50,000,000 (the remaining amount shall be KRW 42,500,000,000 on July 18, 2017, G Bank KRW 38250,00 (the remaining amount shall be KRW 33,764,211) of the term of guarantee for the amount guaranteed on the date of concluding a contract.

C. C and F shall, at the time of the above credit guarantee agreement, be subject to the Plaintiff’s claim for the payment of credit guarantee accident notification or guarantee obligation from the obligee.

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