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(영문) 서울중앙지방법원 2017.11.08 2016가합547485
사해행위취소
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from July 29, 2016 to KRW 458,434,598 and KRW 458,201,363 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”); ① a credit guarantee agreement with the end of December 27, 201, covering the guaranteed amount of KRW 97,750,000, and the term of guarantee on December 26, 2012; ② a credit guarantee agreement with the end of December 26, 2012, covering the guaranteed amount of KRW 170,000,000 on the same day; ③ a credit guarantee agreement with the end of December 26, 2012; ③ a credit guarantee agreement with the guaranteed amount of KRW 225,00,000,000 on July 8, 2015; and the term of guarantee.

(hereinafter “each credit guarantee agreement of this case”). Afterwards, the amount guaranteed under the credit guarantee agreement of this case was finally changed to KRW 88,000,000, and the term of guarantee was extended in sequence until December 23, 2016. ② The amount guaranteed under the credit guarantee agreement of this case was finally changed to KRW 160,000,000, and the term of guarantee was extended in sequence until December 23, 2016.

Around December 27, 2011, Defendant Company received from the Industrial Bank of Korea a loan of KRW 115,000,000 as security the letter of credit guarantee under the above credit guarantee agreement, and KRW 200,000,000 as security the letter of credit guarantee under the credit guarantee agreement.

In addition, on July 8, 2015, Defendant Company borrowed KRW 250,000,000 from the Industrial Bank of Korea as security the credit guarantee form under the said clause.

B. According to the scope of liability for reimbursement and the network B’s joint and several guarantee agreement, if the Plaintiff performed the guaranteed obligation, the Defendant Company added the amount of the guaranteed obligation to the Plaintiff, and the rate of 15% per annum from June 1, 2015 to November 30, 2012, 12% per annum from the next day to January 31, 2016, and 10% per annum from the next day to the closing day of argument as to the amount of the guaranteed obligation, penalty calculated by adding a certain rate of the guarantee fee applied at the last day from the day following the payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, and other Plaintiff’s substitute payment.

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