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(영문) 대전지방법원 2015.04.30 2014가합103309
사해행위취소
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 361,667,025 and KRW 201,373,669 among them.

Reasons

1. Basic facts

A. The relationship between the Defendants 1) Defendant A was a person who operated high-railroads and retail businesses, etc. with the trade name of “G,” and Defendant C was a legal spouse who completed the marriage report on December 1, 1989, and was divorced with Defendant A on March 24, 2014. 2) Defendant B Co., Ltd (hereinafter “Defendant B”) (hereinafter “Defendant B”) is a juristic person operating high-railroads and retail businesses, etc., and Defendant C is an internal director of Defendant B.

3) Defendant D is the mother of Defendant A, and Defendant F and H are the same children of Defendant A. B. The conclusion of a credit guarantee agreement and a joint and several sureties contract) on March 19, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the credit guarantee principal of KRW 199,750,000 and the credit guarantee period from March 19, 201 to March 18, 201.

(hereinafter “The First Credit Guarantee Contract”). Defendant B and Defendant C guaranteed the Plaintiff’s obligation under the First Credit Guarantee Contract on the same day.

After that, the term of credit guarantee under the first credit guarantee contract was extended until March 14, 2014.

2) On April 11, 201, the Plaintiff entered into a credit guarantee agreement with Defendant B, setting the credit guarantee principal of KRW 225,00,000,00 and the period from April 11, 201 to April 10, 201 (hereinafter “credit guarantee agreement”).

(3) Defendant A and Defendant C, on the same day, jointly and severally guaranteed the obligation owed to the Plaintiff under a credit guarantee agreement. The term of the credit guarantee agreement for the second credit guarantee agreement was extended until April 10, 2014. According to the credit guarantee agreement for the first and second credit guarantee agreement, when a cause, such as default of financial obligations, such as repayment of loans under the Credit Information Management Rules of the Korea Federation of Banks, arose to the principal debtor, the principal debtor and the joint and several sureties bear the prior indemnity liability for the amount guaranteed by the Plaintiff even if the Plaintiff did not notify the Plaintiff, and the principal debtor and the joint and several sureties jointly and severally when the Plaintiff performed the guaranteed obligation

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