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(영문) 광주지방법원목포지원 2020.02.26 2018가단55112
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally agreed with the Plaintiff as to KRW 156,301,455 and KRW 153,906,382 among them, from June 15, 2018.

Reasons

1. Basic facts

A. On June 14, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff on June 13, 2014 with a view to receiving a loan of KRW 280,000,000 for the general working capital, and submitted a credit guarantee agreement with the Plaintiff on June 13, 2014 to the lower branch of the D Bank (hereinafter “D Bank”), and then, obtained a loan from the D Bank on June 13, 2014.

After all, the Plaintiff’s guaranteed principal was changed from 224,00,000 to 151,131,200 won, and the term of guarantee was changed from June 13, 2014 to March 9, 2018.

B. At the time of the conclusion of the above credit guarantee agreement, the Plaintiff and Defendant A made an agreement that: (i) in the event that the Plaintiff is a guarantor due to the Defendant A’s default of a loan obligation to D Bank; (ii) in the event of the Plaintiff’s default of a loan obligation; (iii) in the event of the Plaintiff’s default of a loan obligation; (iv) in the event of the Plaintiff’s default of a loan transaction agreement with D Bank, the expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s rights; and (v) in the event that the Defendant A fails to discharge the principal obligation within the given period, the Plaintiff shall pay a penalty for the unpaid amount multiplied by the rate calculated by adding 5/1,00 to the annual rate of interest on the guarantee fee determined by the board of directors; and (iii) in the event of the violation of the loan transaction agreement entered into with D Bank, the Plaintiff shall immediately lose the interest on the loan or loan; and (v) in the event of any breach of the agreement, the settlement period for all obligations shall arrive.

C. Defendant B jointly and severally guaranteed all the obligations to be borne by Defendant A pursuant to the above credit guarantee agreement.

Defendant.

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