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(영문) 광주지방법원 2019.07.26 2017가합59234
사해행위취소
Text

1.(a)

As to each real estate listed in attached Tables 4 and 5 between Defendant B and Nonparty C.

Reasons

1. The following facts are based on the following facts: (a) between the Plaintiff and the Defendant, the entire purport of each entry and pleading from Gap evidence Nos. 1 to 12 (including the number of branch numbers); and (b) between the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”), the Defendant Company is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

A. The Plaintiff Co., Ltd. and D’s claim 1) The Plaintiff was C Co., Ltd. (the former trade name was “E Co., Ltd.”).

“C” regardless of whether it is before or after the mutual change;

B) On June 10, 2014, the entry into “stock company” by C is omitted as of June 10, 2014, as of the guaranteed amount of KRW 399,500,000 (finally changed to KRW 376,00,000) with respect to the guaranteed amount of KRW 470,000,000 that will be loaned from G Bank; and on June 9, 2015 (final change to June 7, 2017), the term of guarantee shall be 335,00,000,000,000 won that will be loaned from G Bank; and on December 11, 2014, the insured amount shall be changed to KRW 268,50,00,00 and KRW 40,000 (final change to KRW 376,00,000, KRW 205,005, 205, 2005, 2005.

(2) D) The credit guarantee agreement in this case provides a joint and several surety for the obligation such as indemnity to be borne by C to the Plaintiff under the credit guarantee agreement.

3) Article 6(1)1 of the Credit Guarantee Agreement provides that C and D shall bear the obligation to repay in advance to the Plaintiff the amount equivalent to the guaranteed amount when C violates the obligation to discharge the principal obligation. 4) C shall pay interest on the loan to F subject to the guarantee under the Credit Guarantee Agreement on April 12, 2017, and on July 26, 2017.

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