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(영문) 인천지방법원 2016.03.23 2014가합54102
사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 442,217,712 and KRW 429,866,516, as to the Plaintiff’s KRW 429,86,516.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

In order for Defendant A to secure the repayment of its loan obligations in obtaining a loan from the following financial institutions, each of the following credit guarantee agreements (hereinafter referred to as "each of the credit guarantee agreements of this case") shall be referred to as "each of the credit guarantee agreements of this case":

(A) On March 3, 2009, the credit guarantee agreement was concluded between March 3, 2009 and the credit guarantee agreement between March 3, 2009 and March 2, 2010 (the maturity was finally changed on January 29, 2013 and February 27, 2014) in which the credit guarantee period was finally changed) out of the amount to be loaned from the National Bank of Korea Co., Ltd. (hereinafter “Defendant National Bank”) and the credit guarantee agreement (the guarantee number: D) was issued to Defendant A on March 3, 2009.

(B) On August 17, 2009, Jeonbuk Bank Co., Ltd. (hereinafter referred to as " Jeonbuk Bank") is limited to the first credit guarantee.

) Of the funds to be loaned from 160,000,000 won as guaranteed principal, the credit guarantee term was changed from August 17, 2009 to August 16, 2010 (the guarantee term on November 16, 2012 was finally changed to November 15, 2013).

The credit guarantee (guarantee Number: E) was concluded and issued to Defendant A on August 17, 2009 (hereinafter referred to as “second credit guarantee”).

(C) On December 3, 2009, the Bank entered into a credit guarantee agreement with 120,000,000 won as the guaranteed principal, and issued a credit guarantee agreement with the term of guarantee from December 3, 2009 to December 2, 2010 (the term of guarantee was finally changed from December 3, 2012 to December 3, 2013). On December 3, 2009, the credit guarantee agreement (F) was issued to Defendant A.

(hereinafter “third credit guarantee”). D. L. 80,000,000 won out of the amount to be loaned by the Industrial Bank of Korea on January 19, 2012, shall be the guaranteed principal.

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