(영문) 서울중앙지방법원 2016.02.15 2015가합529183

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(영문) 서울중앙지방법원 2016.02.15 2015가합529183

사해행위취소

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1. As to real estate listed in Attachment 1:

A. It was concluded on October 15, 2014 between Defendant A and C.

Reasons

1. Basic facts

A. The Plaintiff and D’s credit guarantee agreement 1) The Plaintiff is the Plaintiff Company D (hereinafter “Nonindicted Company”) around June 7, 2012.

In addition, with respect to the principal and interest of loan to be borne by the non-party company to our bank, the principal of credit guarantee shall be KRW 1,425,00,000,000 and the guarantee period from June 7, 2012 to June 5, 2013 (the latter guarantee period was finally changed from December 4, 2014).

A) The credit guarantee agreement was concluded and concluded (hereinafter “instant credit guarantee agreement”).

(2) Of the terms of the instant credit guarantee agreement, C has jointly and severally guaranteed the indemnity obligation to be borne by the non-party company against the plaintiff in accordance with the above credit guarantee agreement on the same day.

Article 6 (Preliminary Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by new instructions, even if they have not been notified and notified from new reports (referring to the plaintiff; hereinafter the same shall apply):

1. Where he/she violates Article 5;

4. On June 8, 2012, a non-party company submitted a credit guarantee statement issued by the Plaintiff pursuant to the credit guarantee agreement of this case to the Bank on June 8, 2012, which was extended a maturity of KRW 1,500,000 to the Bank on December 4, 2014. (b) On the occurrence of a credit guarantee accident and the Plaintiff’s guaranteed liability, the Bank notified the Plaintiff on November 4, 2014, that the guarantee accident occurred due to the delay in payment of interest on September 9, 2014 by the non-party company. The Plaintiff notified the Plaintiff on December 31, 2014 pursuant to the credit guarantee agreement of this case: the principal amount of KRW 1,453,492,972 (=1,405,000,000,000,000,000 won; and

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