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(영문) 서울중앙지방법원 2016.03.30 2015가단5065687
사해행위취소
Text

1. As to KRW 136,795,789 and KRW 135,908,679 among the Plaintiff, Defendant A’s year from February 12, 2015 to May 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff, including the party’s status, is a foundation with the aim of facilitating its financing and contributing to promoting the regional economy by guaranteeing obligations of small enterprises, etc. with weak growth potential and good credit standing. Defendant A (hereinafter “C”) was the representative director of the company C (U.S. District Court 2014 Gohap1027).

B. (1) The Plaintiff entered into a credit guarantee agreement with C on March 31, 2017 (hereinafter “the instant credit guarantee agreement”) with the Plaintiff, which provides for a credit guarantee agreement with C as of March 31, 2017 (hereinafter “the instant credit guarantee agreement”).

(B) On April 14, 2014, the credit guarantee form was issued. C was loaned KRW 150,000 from the National Bank of Korea as collateral by the National Bank of Korea. (2) Defendant A jointly and severally guaranteed obligations under the instant credit guarantee agreement.

3) The main contents of the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, must be jointly and severally paid the amount of performance of the guaranteed obligation that the Plaintiff and the joint guarantor jointly and severally paid to the Plaintiff and the rate determined by the Plaintiff (14% a year from December 2, 2010 to December 2, 201) and the amount of damages calculated according to the calculation method, and the expenses incurred in the performance, recovery, etc. of the guaranteed obligation. (c) At the request of a corporate rehabilitation of the Plaintiff, such as the performance of the guaranteed obligation of the Plaintiff, there was a credit guarantee accident under the credit guarantee agreement of this case on December 20, 2014. On February 12, 2015, the Plaintiff paid KRW 135,908,679 as the principal and interest to the National Bank of Korea Co., Ltd., Ltd., a total of KRW 1,132,970 and collected KRW 245,860 among them, and at the present 887,10 won, etc.

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