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(영문) 서울중앙지방법원 2015.01.22 2013가합523655
사해행위취소
Text

1. Defendant A, Inc., Ltd., B, C, and D shall be jointly and severally liable to the Plaintiff for KRW 285,483,735 and KRW 283,739,575 among them.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant D Co., Ltd. (hereinafter “Defendant B”), in order to secure the repayment obligation of the principal and interest of the loan, the guaranteed principal is KRW 72,00,000,000, and the guarantee term is changed as of May 17, 2007 (the later guarantee principal is changed as of May 10, 2013), and the credit guarantee agreement was concluded (hereinafter “instant credit guarantee agreement”). On the same day, Defendant A and Defendant B Co., Ltd (hereinafter “Defendant B”), and C jointly and severally guaranteed all obligations owed by Defendant A under the said credit guarantee agreement with the Plaintiff.

A around that time, Defendant A borrowed KRW 80,000,000 from the Bank as security.

B. On October 17, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant two credit guarantee agreement”) with Defendant A, and Defendant A entered into a credit guarantee agreement (hereinafter “instant two credit guarantee agreement”) with the Plaintiff on the same day as the guaranteed principal amount of KRW 288,00,000,000, and the guarantee term of October 16, 2012 in order to secure the payment obligation under the electronic commerce contract entered into with Hyundai Escco Co. (hereinafter “Scco”). Defendant B, C, and D, on the same day, jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff pursuant to the said credit guarantee agreement.

At that time, Defendant A issued the credit guarantee certificate issued by the Plaintiff to Hyundai Esco.

C. According to the credit guarantee agreement of this case and the credit guarantee agreement of this case (hereinafter collectively referred to as the "credit guarantee agreement of this case"), when the plaintiff fulfilled the guaranteed obligation, defendant A shall execute, preserve and exercise the bond acquired by the plaintiff as the repayment amount of the guaranteed obligation and the interest rate determined by the plaintiff, ② the expenses required by the plaintiff to discharge the guaranteed obligation of this case, ③ the expenses required by the plaintiff to discharge the guaranteed obligation of the plaintiff, ③

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