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(영문) 서울중앙지방법원 2017.01.13 2016가합500325
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 274,424,470 and KRW 273,637,410 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on November 11, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into the instant credit guarantee agreement on August 27, 2013 (hereinafter “Defendant A”).

(2) In obtaining a loan from the Industrial Bank of Korea, the credit guarantee agreement between Defendant A (hereinafter referred to as the “instant credit guarantee agreement”) shall be as follows:

(2) On August 26, 2014 (finally changed to August 26, 2015), according to the credit guarantee agreement in this case, Defendant A issued a credit guarantee certificate to the Industrial Bank of Korea, and obtained a loan from the Industrial Bank of Korea as listed below. Meanwhile, the principal of the credit guarantee agreement in this case and the term of the guarantee was finally changed as listed below. F 30 million won on August 27, 2013 (finally changed to KRW 270,000,000) on August 26, 2014 (finally changed to KRW 375,00,000,000), Defendant A paid the Plaintiff for the discharge of the guaranteed obligation under the credit guarantee agreement in this case, ② from the date of the repayment to the date of the repayment, ③ from the date of the repayment to the date of the repayment, the Plaintiff’s delayed payment of the guaranteed obligation to the date of the repayment to the Plaintiff, ④ the Plaintiff’s delayed payment of the guaranteed obligation and delayed payment damages.

3) At the time of the conclusion of the instant credit guarantee agreement, Defendant A guaranteed all obligations owed by Defendant A to the Plaintiff under the instant credit guarantee agreement. (b) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A incurred a guarantee accident which, around August 27, 2015, lost the Industrial Bank of Korea’s interest due to the delayed payment of the loan principal due to the delayed payment of the loan principal, and the Plaintiff on November 11, 2015 based on the instant credit guarantee agreement.

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