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(영문) 서울중앙지방법원 2015.07.07 2014가합591587
구상금 및 사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 1,371,48,091 and KRW 11,920,040 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with Defendant A Co., Ltd. (hereinafter “A”) and B Co., Ltd. (hereinafter “B”) as follows:

1) On April 28, 2010, the Plaintiff determined as between Defendant A and Defendant A, the guaranteed principal of KRW 47.5 million, the guarantee period from April 28, 2010 to April 27, 2015, and the Plaintiff’s corporate bank (former trade name: Industrial Bank of Korea; hereinafter “Corporate Bank”).

(C) the first credit guarantee agreement of this case (hereinafter referred to as “the first credit guarantee agreement”) provides a credit guarantee agreement with respect to the obligation for loans to the Corporation.

Defendant A entered into a loan of KRW 50 million from an enterprise bank on the basis of the above credit guarantee agreement at that time (hereinafter “the first loan”).

(2) On October 24, 2008, the Plaintiff entered into a credit guarantee agreement between Defendant B and Defendant B, setting the guarantee principal of KRW 577,3750,00,000, and the guarantee period from October 24, 2008 to October 23, 2009, with the effect that the Plaintiff guarantees Defendant B’s obligations for loans to Defendant B banks (hereinafter “instant credit guarantee agreement”).

Defendant B obtained a loan of KRW 675 million from an enterprise bank (hereinafter “second loan”) around that time based on the above credit guarantee agreement.

After that, the guarantee principal of the above credit guarantee agreement was changed to KRW 540 million and the guarantee period was changed to October 17, 2014.

3) On April 13, 2010, the Plaintiff determined as between April 13, 2010 with Defendant B the guaranteed principal of KRW 850 million, the guarantee period from April 13, 2010 to October 22, 2010, and a credit guarantee agreement with the effect that the Plaintiff guarantees the Plaintiff’s obligations for loans to Defendant B’s corporate banks (hereinafter “the instant credit guarantee agreement”).

Defendant B entered into a loan of KRW 1 billion from an enterprise bank on the basis of the above credit guarantee agreement at that time (hereinafter referred to as “third loan”).

Then, the guaranteed principal of the above credit guarantee agreement is KRW 80 million and the guarantee period is up to October 17, 2014.

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