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(영문) 서울중앙지방법원 2015.03.26 2014가합505418
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff between the Plaintiff and C, as well as the Plaintiff, on April 2, 2008, is a stock company C (hereinafter “foreign company”).

(A) The term of a credit guarantee agreement between Japan and Japan is 100,400,000, and the term of a credit guarantee agreement between April 2, 2008 and April 4, 2018; and the creditor’s bank’s credit guarantee agreement between Korea and Japan (hereinafter “1 credit guarantee agreement”).

(2) On the same day, E, the auditor B, D, and the representative director of the non-party company, under the above agreement, jointly and severally guaranteed the liability for indemnity to be borne by the non-party company to the Plaintiff. The Plaintiff, on the date of the conclusion of the above agreement, issued to the non-party company a credit guarantee certificate with the non-party company and the term of guarantee up to April 4, 2018, the non-party company and the guarantor, the term of guarantee up to 125,50,000 United Nations for Japan law. The non-party company submitted the above credit guarantee certificate to the Korean bank as collateral and received the credit guarantee certificate from the Korea bank to the non-party company under the credit guarantee agreement concluded on April 4, 2008 with the Korean bank as a credit guarantee agreement, and the non-party company received a loan with the maturity of 125,50,000,000 for the above credit guarantee agreement from June 18, 2018 to the creditor 60,2008.

On June 17, 2010, the Plaintiff issued to the non-party company a credit guarantee certificate with the loan amount of KRW 300,000,000 with the loan amount of KRW 300,000,00 to the non-party company pursuant to the credit guarantee agreement of Article 2 of the above agreement. The non-party company submitted the said credit guarantee certificate to the bank as collateral and issued 300,000,000 under the credit transaction agreement concluded on June 26, 200 with the Korean bank.

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