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(영문) 서울중앙지방법원 2017.08.31 2016가합553473
사해행위취소
Text

1. The Plaintiff:

A. As to KRW 2,221,928,534 and KRW 283,648,598 among them, Defendant A Co., Ltd., from December 24, 2015.

Reasons

1. Facts of recognition;

A. The conclusion of each credit guarantee agreement of this case and the joint and several guarantee 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

A) In receiving a loan from a financial institution, the Plaintiff requested the Plaintiff to provide a credit guarantee for the purpose of ensuring the repayment of principal and interest of the loan, and the payment guarantee of the purchase of goods according to the goods supply contract by the customer, and the Plaintiff entered into a credit guarantee agreement with the Defendant Company as follows (hereinafter “each of the credit guarantee agreements of this case”).

(1) On May 19, 2010, the Plaintiff issued a credit guarantee form, respectively, with the Defendant Company, and on May 19, 2010, ELB (hereinafter “ELA”).

(1) Of the payment obligations arising from electronic commerce, KRW 2,00,000,00 as credit guarantee principal; the credit guarantee agreement was concluded between May 19, 201 and May 18, 201; on May 19, 2010, the credit guarantee form (G number) was issued to EL chemical; on May 17, 201, the period of the guarantee was until May 18, 2012; on May 11, 2012, the period of the guarantee was 1,00,000,000 won and the principal of the guarantee was 1,00,00,00,000 won until May 15, 2013; and on May 16, 2014; and on May 16, 2015, the principal of the guarantee period was 10,000,000 won and the principal of the guarantee period was 1,05,015.

(2) The Plaintiff is a national bank corporation on December 26, 201 (hereinafter “national bank”) between the Defendant Company and the Defendant Company.

() Of the money to be loaned from a credit guarantee principal, 780,000,000 won shall be the credit guarantee principal, and the credit guarantee period shall be from December 26, 201 to December 24, 2012, and a credit guarantee agreement shall be concluded between December 26, 201 and December 26, 2011, and a credit guarantee certificate (a guarantee number: H was issued to a national bank; the period of guarantee was December 21, 2012 to December 24, 2013; and the period of guarantee shall be 480,00,000,000,000 won, and the period of guarantee shall be December 24, 2014.

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