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(영문) 광주지방법원 2016.01.28 2015가합55955
사해행위취소
Text

1. The defendant A and the defendant B jointly and severally agreed to KRW 986,643,665 and KRW 364,183,150 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a credit guarantee agreement and joint and several sureties agreement

(2) The credit guarantee agreement of this case (hereinafter referred to as “each of the credit guarantee agreements of this case”) as described below.

(2) Defendant B jointly and severally guaranteed the Plaintiff’s liability based on the credit guarantee agreement of this case. The Defendant B’s final guarantee number (won) guaranteed by the Defendant Company 1D 270,000,000 Defendant Company on May 8, 2013, 2015: (a) Defendant Company 2E 90,000,000 in our Bank on March 4, 2015; (b) Defendant Company 3F 95,000,000 in the exercise of the guaranteed obligation on September 2, 2015; and (c) Defendant Company 2’s repayment of the guaranteed obligation to the Plaintiff on September 2, 2015 (in the event of the Plaintiff’s performance of the guaranteed obligation on September 2, 2015, the amount of the Defendant Company’s repayment of the guaranteed obligation on behalf of the Plaintiff on September 30, 2015 and the amount of the penalty for delay as determined by the Plaintiff on September 25, 2015.

B. The occurrence of a credit guarantee accident, the Plaintiff’s subrogation, and the Plaintiff’s occurrence of a prior right to indemnity (i) the Defendant Company caused a credit guarantee accident that, on March 5, 2015, the principal and delayed closure on March 12, 2015, the closure of business on March 12, 2015, and on March 20, 2015, lost the benefit of time due to natural substances. (ii) The Plaintiff made a payment by subrogation under the sequence 1 through 4 of each of the instant credit guarantee agreements, and the expenses for the preservation of claims and penalty arising under each of the said credit guarantee agreements are as follows:

D 1D 273,195,61674,3884,380 44,380 2 E on May 13, 2015, 13, 90,987,534,534204,1603.

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