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(영문) 서울중앙지방법원 2014.06.20 2011가합55639
사해행위취소
Text

1. The amount specified in paragraph (2) from among the lawsuits filed by the plaintiff against the bankruptcy trustee B, which is the lawsuit of the defendant bankrupt corporation A.

Reasons

1. Judgment on the claim for the amount of indemnity [the bankruptcy trustee B, who is the litigation taking over the lawsuit of the defendant bankrupt A Co., Ltd. (hereinafter “defendant trustee”)]

(C), C, D)

A. 1) On June 18, 2008, the Plaintiff entered into a credit guarantee agreement under Article 1 (1) of the instant credit guarantee agreement with A Co., Ltd. (hereinafter “A”), the credit guarantee principal of the credit guarantee principal, KRW 1,997,50,000, and the guarantee period from June 18, 2008 to June 17, 2013 (hereinafter “credit guarantee agreement”). A was granted a loan of KRW 2,350,000,00 from the National Bank of Korea (hereinafter “National Bank”) as collateral for a corporate financing loan (hereinafter “instant loan”).

(2) At the time of the conclusion of the first credit guarantee agreement between Defendant C and the Central Design Co., Ltd. (hereinafter “Central Design”) at the time of the conclusion of the instant credit guarantee agreement, the Defendant C and the Central Design Co., Ltd. (hereinafter “Central Design”) jointly and severally guaranteed all claims

B) The Plaintiff entered into a credit guarantee agreement under Article 2 (1) of the instant case (hereinafter “the instant credit guarantee agreement”) on February 25, 2009, pursuant to the credit guarantee agreement between the central design and the guarantee limit amount of KRW 1.5 billion and the maximum transaction period of KRW 1.5 billion from February 25, 2009 to February 24, 2010 (hereinafter “the instant credit guarantee agreement”).

After the conclusion of the contract, ① the amount of the credit guarantee principal of KRW 850,500,000,000 ( thereafter the guaranteed principal was changed to KRW 81,00,000,000) to the National Agricultural Federation.

(B) From February 26, 2009 to February 25, 2010, the credit guarantee period was changed from February 26, 2009 to February 25, 2011.

(i)issuance of a letter of credit guarantee and central design shall provide loans of KRW 900,000,000 from the Agricultural Federation as security for the said letter of credit guarantee (hereinafter referred to as “instant second loan”).

(2) A new bank (hereinafter referred to as “new bank”)

the credit guarantee term shall be from December 16, 2009 to December 15, 2010, in the credit guarantee principal of KRW 95 million and the credit guarantee term.

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