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(영문) 서울중앙지방법원 2013.05.02 2012가합509201
사해행위취소
Text

1. As to real property, listed in the separate sheet 11. As to real property:

A. Defendant B and E concluded on December 20, 201.

Reasons

1. Basic facts

A. A. The Plaintiff is a credit guarantee agreement 1) The Plaintiff Company G (hereinafter “G”).

) Upon entering into a credit guarantee agreement with the Bank on June 5, 2008, G was granted a loan of KRW 3,647,000,000 from the Industrial Bank of Korea on June 2, 2023 (hereinafter “first guarantee agreement”). G was granted a loan of KRW 3,647,00,000 from the Industrial Bank of Korea on June 12, 2008 (hereinafter “first guarantee agreement”).

(2) In addition, on May 28, 2009, the Plaintiff issued to G a credit guarantee number I, 1,530,000,000 won with the guaranteed principal, and the credit guarantee certificate (the guarantee rate: 85%) with the guarantee period as of March 15, 2024, and G borrowed KRW 1,80,000,000 from the Industrial Bank of Korea on May 28, 2009.

(3) According to the above credit guarantee agreement, G paid by the Plaintiff for the performance of each of the above guaranteed obligations: (1) The Plaintiff’s payment rate [16% per annum since April 17, 2003 (Provided, That as of April 17, 2003, the rate shall be 14% per annum until March 17, 2003, and the rate shall be 16%) of the Plaintiff from the date of repayment to the date of full payment of the subrogated amount and the amount of damages paid by the Plaintiff for the performance of the guaranteed obligations; and (2) The interest rate per annum from the date following the date of payment of the terminated guaranteed fees to the date of termination of the guaranteed obligations; and (3) additional guarantee fees calculated by adding 5/100 per annum to the date immediately preceding the date of termination of the guaranteed obligations; and (4) when G is subject to attachment, provisional attachment, provisional disposition, credit guarantee, or the Plaintiff’s payment of the principal or interest in arrears, or the Plaintiff’s payment of the principal or interest in arrears, etc.

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