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(영문) 서울동부지방법원 2017.08.11 2016가합104867
사해행위취소
Text

1. As to each patent right listed in Schedule 1 to 7,

A. The defendant corporation.

Reasons

1. Basic facts

A. Conclusion of a credit guarantee contract and joint and several sureties 1) The Plaintiff Co., Ltd. (hereinafter “C”).

B) As between C and the Bank, on January 22, 2009, under a credit guarantee agreement between C and the Bank (hereinafter “first credit guarantee agreement”).

(B) A credit guarantee agreement on October 28, 2013 (hereinafter referred to as “second credit guarantee agreement”) in obtaining a loan from one bank.

A) Each contract was concluded. I signed a credit guarantee agreement (hereinafter “third credit guarantee agreement”) on May 8, 2009 between Blurush Construction Co., Ltd. and Blush Construction Co., Ltd. (former trade name: Multidididiation Co., Ltd.; hereinafter “Blu”), and C jointly and severally guaranteed the liability for indemnity against the Plaintiff on the basis of the credit guarantee under the third credit guarantee agreement.

3) As a security, C took out a loan of KRW 1 billion from the Industrial Bank of Korea as a credit guarantee; KRW 760 million from one bank as a collateral; and KRW 100 million from one bank as a collateral. (b) A was in arrears with a loan obligation to one bank from May 1, 2015; and (c) was in arrears with a national tax and an industrial accident employment insurance premium, etc.; and (d) on November 5, 2015, the Plaintiff paid the Bank the principal and interest of KRW 434,753,143, and the principal and interest of the loan of KRW 667,478,827, based on a credit guarantee under Article 2 to one bank on November 20, 2015.

2) On June 11, 2015, the Plaintiff delayed payment of the principal and interest of installment financing on Samsung Card, and on March 25, 2016, the Plaintiff subrogated to the National Bank for KRW 87,107,522 of the principal and interest of the loan, which was based on the third credit guarantee, to the National Bank on March 25, 2016.

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