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(영문) 서울중앙지방법원 2016.08.17 2015가합505187
구상금 및 사해행위 취소의 소
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 616,274,459 and its KRW 306,183,204 among them, Defendant B shall be from December 30, 2014; and 303,460.

Reasons

1. A B on April 17, 201 (207,000,000,000 on November 22, 2011, 201;

A. Each credit guarantee agreement of this case 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”).

(1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

B) As between the Defendants’ New Bank Co., Ltd. (hereinafter “New Bank”), the Defendants’ New Bank (hereinafter “New Bank”)

(2) To secure the repayment of principal and interest of loans, each credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) shall be set forth in the following table:

(2) Defendant A and C jointly and severally guaranteed the obligation of Defendant A and the Plaintiff under each of the above credit guarantee agreements. (3) Defendant A and C secured each of the above credit guarantee agreements, and Defendant C received each of the above credit guarantee agreements from a new bank, Defendant A and Defendant C received 330,000,000 won, respectively.

3) Under each credit guarantee agreement of this case, where the Plaintiff performed the guaranteed obligation in accordance with each of the credit guarantee agreements of this case, the scope to which the Defendant A and C shall pay to the Plaintiff shall be as follows. Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal fails to discharge the principal obligation within the period of discharge of the principal obligation, the penalty calculated by multiplying the guaranteed obligation by the rate of 0.5% which is calculated by the annual rate of 0.5%.

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees,.

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