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(영문) 광주고등법원 (제주) 2018.05.23 2017나10192
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established pursuant to the Small and Medium Enterprises Promotion Act for the purpose of efficiently promoting projects for promoting small and medium enterprises. The Defendant is a juristic person established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating the financing of enterprises by guaranteeing obligations of enterprises which lack security solvency. 2) B farming association corporations (hereinafter “B”) are incorporated pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, and A is the representative director.

B. On January 17, 2012, the Plaintiff loaned KRW 100 million at the interest rate of KRW 3.55% per annum and 12% per annum to A on January 17, 2012 (hereinafter “loan 1 of this case”).

(2) On June 4, 2012, the Plaintiff leased KRW 260 million at the interest rate of 3.06% per annum (fixed interest rate) and damages for delay rate of 12% per annum (hereinafter “the instant loan 2”), and A provided a joint and several surety that the guarantee limit amount on the same day is KRW 312 million.

(hereinafter referred to as “instant joint and several sureties 3) On November 23, 2012, the Plaintiff lent KRW 1 billion in B at the interest rate of 3.79% per annum and 12% per annum (hereinafter referred to as “loan 3”).

(3) A’s joint and several sureties guaranteed the debt of B with the guarantee limit of the same day as KRW 1.2 billion (hereinafter “joint and several sureties 3”).

(4) On March 27, 2015, the Plaintiff leased KRW 200 million at the interest rate of 6.49% per annum and 12% per annum (hereinafter “instant loan”) (hereinafter “instant loan”) and the Plaintiff jointly and severally guaranteed the obligation to repay the said loan amount as KRW 240 million with the total guarantee limit of the instant loan No. 1 through No. 4, and the instant loan amount as KRW 40 million.

hereinafter referred to as "joint and several sureties 4 of this case" and this.

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