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(영문) 서울중앙지방법원 2018.11.08 2017가합571126
사해행위취소
Text

1. As to KRW 462,867,410 and KRW 373,773,921 among the Plaintiff, Defendant A Co., Ltd., Ltd., from April 24, 2017 to 86.

Reasons

1. Facts of recognition;

A. The Plaintiff as the parties is a special corporation established under the Korea Technology Finance Corporation Act, and Defendant A (hereinafter “Defendant A”) is a company with the purpose of the sales and distribution of in-house decoration, etc., and Defendant B is the only director of Defendant A.

B. 1) Co., Ltd. (hereinafter “C”) (hereinafter “C”).

(1) In order to obtain a loan from a financial institution as indicated below, each credit guarantee contract was concluded with the Plaintiff as follows (hereinafter “the first credit guarantee contract” as of October 13, 201; “the second credit guarantee contract” as of July 7, 2014; and collectively “each of the instant credit guarantee contracts” as “the first credit guarantee contract”). According to the Industrial Bank of Korea’s credit guarantee term deposit amount as of the date of concluding a contract for the guarantee number 1st 13, 2010, 90,000,000 (amended as of October 2, 2017) and all of the other guarantee fees paid by the Plaintiff to the Plaintiff (85,00,000,000, as of July 205, 2014, the Industrial Bank of Korea applied the first credit guarantee fee and all other guarantee fees paid by the Plaintiff during the period from the date of termination to the date of termination of each of the guarantee obligations to the Plaintiff as of July 15, 2014.

The agreed interest rate for delay stipulated in each credit guarantee agreement of this case shall be 12% per annum from December 1, 2012 to January 31, 2016, and 2016;

2. 1. From 1. to 10% per annum.

C. The occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation on September 15, 2016: (a) delay in the repayment of loans to K Bank on September 15, 2016; (b) delinquency in the repayment of loans to the Industrial Bank of Korea on November 24, 2016, causing each credit guarantee accident; and (c) accordingly, the Plaintiff is liable for each credit guarantee agreement under the respective respective guarantee agreements.

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