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(영문) 서울중앙지방법원 2014.11.13 2014가합523980
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 203,321,517, and KRW 162,170,247, respectively, from May 30, 2013, and KRW 40.

Reasons

1. Basic facts

A. As of October 16, 2003, the Plaintiff’s credit guarantee agreement and loan 1) between the Plaintiff and the Defendant A, with the trade name “D” as of October 16, 2003, was changed to F in its trade name in 2008, and G in 2012. The credit guarantee principal was changed to F in order between the Defendant A and the Defendant, who operated the Defendant A, from October 16, 2003 to October 15, 2004, and the creditor’s National Federation of Fisheries Cooperatives (hereinafter “NF”) (hereinafter “NFF”).

(i)a credit guarantee agreement to be made (hereinafter referred to as “1 credit guarantee agreement”);

On the same day, Defendant A had jointly and severally guaranteed the liability for indemnity to be borne by Defendant A in accordance with the above agreement. On the date of the conclusion of the above agreement, the Plaintiff issued to Defendant A a credit guarantee certificate (guarantee Number E) with the amount of loan plus the amount of loan at KRW 50,000,00 (80%) on October 15, 2004, and the amount of loan at KRW 50,000,000 (Guarantee Rate 80%) under the first credit guarantee agreement, and the Defendant A submitted the above credit guarantee certificate to NFF as a collateral and obtained a loan. Since the term of guarantee under the first credit guarantee agreement was extended at 11 times, the term of guarantee was changed until December 31, 2013, the Plaintiff bears the liability for credit guarantee between Defendant A and the Plaintiff, who operated an individual business with the trade name “F” as of March 20, 209, and the period of credit guarantee agreement between the obligee and the Plaintiff as of KRW 47,509,209.2.

On March 19, 2010, the Plaintiff issued to Defendant A a letter of credit guarantee (Guarantee No. H) with the amount of the guaranteed principal of KRW 47,50,00,000, the amount of the guaranteed principal of KRW 47,50,00 pursuant to the second credit guarantee agreement, and the term of the guaranteed principal of KRW 50,00,00 (95% of the amount of the loan).

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