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(영문) 광주지방법원 2018.12.06 2017가합59494
사해행위취소
Text

1.(a)

On July 4, 2017, the real estate stated in attached Tables 1 and 2 between Defendant A and C.

Reasons

1. Basic facts

A. On November 24, 2015, the Plaintiff entered into a credit guarantee agreement (a credit guarantee agreement as of November 24, 2015) on November 24, 2015, setting the guarantee principal as between November 24, 2015 and November 23, 2016 and November 23, 2016 (hereinafter “the first credit guarantee agreement”) with a credit guarantee agreement setting the guarantee principal as between November 24, 2015 and November 24, 2015, with respect to a loan of corporate general funds from a stock company (hereinafter “F”) by a stock company G (hereinafter “G”), and C jointly and severally guaranteed all the obligations, such as indemnity that F bears to the Plaintiff pursuant to the first credit guarantee agreement.

On November 18, 2016, the term of guarantee of the first credit guarantee agreement of this case was extended by November 22, 2017.

B) Thereafter, F shall submit a credit guarantee certificate issued pursuant to the first credit guarantee agreement of this case to G for KRW 1,100,000,000 (hereinafter “the first loan of this case”)

(2) On April 28, 2017, the Plaintiff was granted a loan to H (hereinafter “H”) on April 28, 2017.

(1) The term “the second credit guarantee agreement of this case” refers to a credit guarantee agreement of this case between April 28, 2017 and April 27, 2018 (hereinafter “the second credit guarantee agreement of this case”). The term “each credit guarantee agreement of this case” of this case, including the first and second credit guarantee agreements of this case, refers to the term “each credit guarantee agreement of this case” of this case.

(B) Upon entering into the instant secondary credit guarantee agreement, C jointly and severally guaranteed all obligations, such as indemnity, which F owes to the Plaintiff pursuant to the instant secondary credit guarantee agreement. Then, F submitted a credit guarantee statement issued pursuant to the instant secondary credit guarantee agreement, and 500,000 won (hereinafter “the instant secondary loan”) from H. The instant first and second loans were loaned from H.

3) According to each credit guarantee agreement of this case, the Plaintiff is entitled to each credit guarantee agreement of this case.

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