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(영문) 서울중앙지방법원 2020.09.23 2019가합593120
사해행위취소
Text

1.(a)

On October 18, 2018, I and Defendant A Co., Ltd. concerning the real estate listed in paragraph 1 of the attached list.

Reasons

1. Basic facts

A. Credit guarantee agreement and its joint and several sureties 1) The Plaintiff shall J Co., Ltd. (hereinafter “J”).

(1) Each credit guarantee agreement (hereinafter referred to as the “each credit guarantee agreement of this case”) as described below.

The J concluded a credit guarantee agreement of this case. The J concluded a credit guarantee agreement of this case, K Co., Ltd. (hereinafter referred to as “K”).

The Bank submitted a loan to the Bank, and received the loan from the said Bank. The term of guarantee finally altered (the term of guarantee) on the date of guarantee. The Bank extended the term of guarantee on March 20, 2015 by the No. 285,000,000 L.S. Bank of Korea on March 15, 2019, respectively, extended the amount of guarantee fees to the Plaintiff on March 20, 2015 (the Industrial Bank of Korea’s guarantee fee of KRW 90,000,000 on March 20, 2015, the Bank of Korea’s credit guarantee fee of KRW 30,000,000 on March 15, 2015, respectively, was extended to the Plaintiff on March 20, 2019, the Bank of Korea’s guarantee fee of KRW 30,000,000,0000 on March 15, 2016.

B. On January 25, 2019, J applied for rehabilitation to Suwon District Court (2019 Gohap113) and notified the Plaintiff of the occurrence of a credit guarantee accident. (2) The Plaintiff repaid K on April 10, 2019 the total sum of KRW 57,504,766 of the principal and interest of the loan to K, and on April 17, 2019, repaid the Bank KRW 943,463,927 in total.

In addition, 2,371,310 won was incurred in the sum of penalties under each credit guarantee agreement of this case and the amount of subrogated payment paid with the expenses for the preservation of claims, etc. is 5,161.

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