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(영문) 서울중앙지방법원 2016.01.21 2015가합507961
사해행위취소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 378,807,735 and KRW 376,470,725 among them.

Reasons

1. On April 1, 2005, Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded each of the following loans with the Industrial Bank of Korea and received the loans. To obtain each of the loans, the term “the first and second credit guarantee agreements” under the sequences below the respective credit guarantee agreements as listed below between the Plaintiff and the Plaintiff on April 1, 2005, 86,90,500,000 for the guarantee amount for the subjects on the date of the credit guarantee agreement as of March 31, 2005, from March 31, 2005 to March 31, 2005, from March 31, 2005 to March 31, 2006 to December 30, 200,000 loans for small and medium enterprises as of December 6, 200,0000,0000,000 from March 30, 2006 to June 30, 2012.

At the time of each guarantee agreement, the Defendant Company concluded a guarantee agreement. At the time of the conclusion of each guarantee agreement, when the Plaintiff performs the guaranteed obligation on behalf of the Defendant Company on behalf of the Plaintiff, the Defendant Company paid the Plaintiff the amount of subrogated payment and the amount of delay compensation, additional guarantee fees, and expenses for the preservation of rights (the amount shall be determined by 15% per annum until November 30, 2012, and 12% per annum thereafter). The terms and conditions of each guarantee agreement have been changed several times. The terms and conditions of each guarantee agreement were the final terms and conditions of guarantee agreement were 69,520,00 won per guaranteed principal, and the guarantee period was until March 20, 2015. The guarantee period of the second guarantee agreement was not until December 5, 2014. Defendant B and C did not provide the Plaintiff with an obligation to pay the Plaintiff on behalf of the Plaintiff on the basis of joint and several guarantee agreement, including the total amount of principal interest paid by the Defendant Company on the Plaintiff on the basis of each guarantee agreement.

Accordingly, on January 21, 2015, the Plaintiff is the Defendant as shown in the following table.

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