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(영문) 대전지방법원 2021.01.14 2020가합101441
사해행위취소.구상금
Text

Defendant A and B jointly and severally committed against the Plaintiff as to KRW 263,341,794 and KRW 262,891,669 among the Plaintiff.

Reasons

1. Basic facts

A. On April 23, 2015, and November 18, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with each of the following contents (hereinafter “the instant credit guarantee agreement”). Defendant B, the representative director of the Defendant Co., Ltd., jointly and severally guaranteed the Defendant Co., Ltd’s obligation owed to the Plaintiff pursuant to each of the instant credit guarantee agreements.

On November 18, 2016, the second credit guarantee agreement of 90,000,000 won on the principal and interest of the credit guarantee period of the credit guarantee contract under the credit guarantee contract for the due date of the credit guarantee, the Defendant Company and the Defendant B agreed to pay the principal and interest of the loan on behalf of the lending institution by failing to perform the obligation to repay the loan incurred to the lending institution at the time of each of the credit guarantee agreements in this case, and on behalf of the Plaintiff, the principal and interest of the loan was paid in accordance with the interest rate as determined by the Plaintiff, from the date of performing the principal and interest of the loan as well as its implementation.

3) Defendant Company received a loan from D Bank as security a credit guarantee issued under each of the instant credit guarantee agreements.

A. On November 23, 2016, approximately KRW 200,000, KRW 300,000,000, KRW 100,000,000 of the loan of general capital loan of a company on January 24, 2015, KRW 10,000 of the loan of general capital loan of a company, the Defendant Company changed the amount guaranteed for the credit guarantee agreement of the instant case to KRW 81,00,00,00, KRW 200,000, respectively, to November 15, 2019.

B. Defendant B’s act of disposing of the property (hereinafter “each of the instant real property”) on March 11, 2019 pertaining to each of the instant real property listed in the separate sheet (hereinafter “instant real property”) on the grounds of the agreement establishing a right to collateral security (hereinafter “right to collateral security”).

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