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(영문) 서울중앙지방법원 2015.09.17 2014가합550104
사해행위취소 등
Text

1. Defendant A, B, C, and D jointly and severally with the Plaintiff KRW 1,028,262,937 and KRW 479,512,904 among them.

Reasons

1. Basic facts

A. (1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) for three times on September 27, 2010, April 29, 201, and October 10, 2012.

(1) A credit guarantee agreement with the following specifications (hereinafter referred to as the “instant credit guarantee agreement”).

Defendant D, the representative director of Defendant A, and Defendant B and Defendant C Co., Ltd. (former trade name: H: hereinafter “Defendant C”).

(2) The Defendant A has jointly and severally guaranteed all the obligations under the instant credit guarantee agreement that the Plaintiff owes to the Plaintiff. According to the first guarantee number 2010-9-27, 2011-4-29 on the date of the second guarantee guarantee 2012-10 on the date of the first guarantee : (a) 480,000,400 294,400,000 240,000 ; (b) the first guarantee period from the date of the performance of the guaranteed obligation to the Plaintiff; (c) the reimbursement of the guaranteed obligation to the Plaintiff’s guaranteed obligation to the Plaintiff on September 26, 201; and (d) the reimbursement of the guaranteed obligation to the Plaintiff’s guaranteed obligation to the Plaintiff on April 27, 2012; and (e) the reimbursement of the guaranteed obligation to the Plaintiff on April 10, 2013 ; (e) the reimbursement of the guaranteed obligation to the Plaintiff on April 25, 2014.

3. Defendant A submitted the above credit guarantee form issued by the Plaintiff and received a loan from a financial institution. On April 16, 2014, Defendant A lost the benefit of the time due to the occurrence of an overdraft. The Plaintiff on May 1, 2014.

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