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(영문) 인천지방법원 2015.01.27 2014가합55877
사해행위취소
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 709,646,785 and KRW 704,838,726 among them.

Reasons

1. Facts of recognition;

A. On December 26, 2008, the Plaintiff entered into a credit guarantee agreement and loan 1) with the Defendant Company as the principal of the credit guarantee that the Defendant Company intends to obtain from the National Bank (hereinafter “National Bank”) and as the principal of the credit guarantee, and as from November 26, 2008 to December 24, 2009, the term of the guarantee was 10,000 won until December 23, 2010, and the term of the guarantee was 10,000 won until December 23, 2010 (the term of the guarantee was 10,000,000 won until December 23, 201, 201, 200, 200,000 won until December 22, 2015, 201, 200, 310,000,000 won until December 21, 2012.

(1) The term of a credit guarantee agreement was concluded between August 11, 2010 and August 10, 201, which intends to obtain a loan from a credit guarantee principal. The term of a credit guarantee agreement was concluded between August 11, 2010 and August 10, 201, and the term of a guarantee was modified as of August 10, 201 by the end of August 10, 2012; the term of a guarantee was 216,00,000, and the term of a guarantee was 216,00,000, and the term of a guarantee was 20,000 until August 9, 2013; and the term of a guarantee was August 9, 2013 by the end of February 7, 2014; and each credit guarantee agreement was modified as of February 7, 2014 (hereinafter referred to as “the term of a guarantee”).

(2) Meanwhile, Defendant B, C, D, and C are jointly and severally liable for reimbursement against the Plaintiff of the Defendant Company at the time of the first and second credit guarantee agreement.

B. Upon entering into a credit guarantee agreement with the Plaintiff, the Defendant Company agreed to pay the Plaintiff the principal and interest of the loan when the Plaintiff performed the guaranteed obligation under the credit guarantee agreement, and the amount of damages according to the interest rate set by the Plaintiff within the scope of 25% per annum under Article 35 of the Credit Guarantee Fund Act. The interest rate set by the Plaintiff from January 1, 1999 to May 31, 2005 is 18% per annum and the next day.

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