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(영문) 창원지방법원 2015.07.30 2014가합35808
사해행위취소
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for 2,612,502,844 won and one of them11,369.

Reasons

1. Basic facts

A. The Plaintiff, Defendant A, and B entered into a credit guarantee agreement between the Plaintiff and the Defendant A, as described in the separate sheet Nos. 1 to 7, to obtain a loan from a financial institution or to secure a debt arising from the supply of goods from Hyundai ethyl Co., Ltd. (hereinafter “the credit guarantee agreement with the Defendant A”).

(2) Upon entering into a credit guarantee agreement with the Plaintiff, the Defendant A Co., Ltd. issued seven letters of credit guarantee, and received a loan from each obligee from each obligee under the Plaintiff’s guarantee, or supplied goods. (2) The Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement with the Defendant B”) with the Defendant B in order to secure the obligation arising from the receipt of a loan from a financial institution as described in the separate table 1 through 10, and issued three credit guarantee agreements with the Defendant B, and the Defendant B received a loan from each obligee from each obligee according to the Plaintiff’s guarantee.

B. Joint and Several sureties 1) A Co., Ltd., a director of Defendant A Co., Ltd., and Defendant B, a representative director, shall jointly and severally guarantee all of the repayment obligations under the credit guarantee agreement with Defendant A (hereinafter “joint and several sureties for Defendant A”)

(2) Defendant A and C Co., Ltd., in which Defendant B serves as a director or a representative director, jointly and severally guaranteed all the repayment obligations listed in the separate sheet Nos. 1 and 10, respectively (hereinafter “joint and several guarantee obligation for Defendant B”).

C. 1) The occurrence of a credit guarantee accident and the performance of the Plaintiff’s guaranteed obligation against the Defendant A corporation (a credit guarantee accident and performance of the guaranteed obligation) the Defendant A corporation is listed in [Attachment I] list 1, (2), (5), and (7).

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