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(영문) 인천지방법원 2014.06.13 2013가합30598
사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 1,056,071,911 as well as KRW 1,051,717,436 as to the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff’s credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), with a view to securing the payment of the principal and interest of the loan when the Defendant Co., Ltd. obtained a loan from the Industrial Bank of Korea, (i) the principal of the credit guarantee agreement on February 7, 2007, (ii) the amount of KRW 1,500,000,000, the term of the credit guarantee agreement on February 6, 2009 (B) the term of the guarantee was changed to October 26, 2012; (iii) the term of the first credit guarantee agreement on October 22, 2008; (iv) the principal of the credit guarantee agreement on October 21, 200, the term of the guarantee agreement on October 21, 200, 200, 300, 200, 208.

(2) According to the first or third guarantee agreement, when the Plaintiff performs the guaranteed obligation, Defendant B and C shall pay to the Plaintiff the amount of the subrogated payment and the amount of damages for delay, the amount of damages for delay, and the expenses for the preservation of claims, calculated annually by 12% from January 1, 1999 to November 30, 2012 from November 1, 2012 to December 1, 2012.

C. The Defendant Company received a loan of KRW 300,00,000 from the Industrial Bank of Korea as collateral for the first guarantee on May 3, 2007, and KRW 325,000,000 as collateral for the second guarantee on December 26, 2008, and KRW 1,100,000,00 as collateral for the third guarantee on June 3, 2010.

Afterward, the defendant company's delinquency in paying the principal and interest of the loan, and the credit guarantee accident occurred on July 10, 2012.

E. The Plaintiff on January 2012

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