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(영문) 인천지방법원 2015.04.21 2014가합53451
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s each credit guarantee agreement between the Plaintiff and Food Timber Co., Ltd. 1) The Plaintiff is a Food Timber Co., Ltd. (hereinafter “P timber”).

B) On November 27, 2002, a credit guarantee agreement was concluded between the Bank of Korea and "85 million won out of the amount it intends to obtain a loan from the Bank, and the period of guarantee: From November 27, 2002 to November 26, 2003, the guarantee principal of the above credit guarantee agreement was changed to 68 million won on November 25, 2005, and 64 million won on November 24, 2006, and thereafter the period of guarantee under the above credit guarantee agreement was extended to 30 million won on November 11, 2013, and the agreement was amended to 14.5 billion won on November 14, 2013 by 105.7 billion won on May 25, 2009 (hereinafter "the period of guarantee agreement") between the Plaintiff and the Green Timber, and 200 million won on May 24, 2014 (hereinafter "the period of guarantee agreement").

3) On April 19, 2013, the Plaintiff entered into a credit guarantee agreement with F1, stating that “The guaranteed principal: KRW 600,000, out of the money to be loaned from a new bank (hereinafter “New Bank”): the period of guarantee: from April 19, 2013 to April 18, 2014.” On April 19, 2013, the Plaintiff entered into a credit guarantee agreement with F14,00,000 out of the money to be loaned from f10,000,000 from f19, 2013: from April 19, 2013 to 18, 2014.”

According to the above credit guarantee agreement among the plaintiff's timber, if the plaintiff fulfills the guaranteed obligation under the above credit guarantee agreement, it shall be calculated at the rate of 12% per annum as determined by the plaintiff from the date of subrogated payment to the date of full payment.

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