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(영문) 서울중앙지방법원 2017.08.18 2017가합504911
사해행위취소
Text

1. Defendant A’s KRW 222,315,944 and KRW 82,19,572 among the Plaintiff and KRW 139,178,180 among the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a legal entity established under the Credit Guarantee Fund Act to facilitate corporate financing by guaranteeing the debt of an enterprise which lacks security capability, and the defendant A runs the printing business with the trade name of "C", and the defendant B is the spouse of the defendant A.

B. The Plaintiff and the Defendant A’s credit guarantee agreement 1) on September 21, 2012 between the Plaintiff and the Plaintiff, with the credit guarantee amount of KRW 90,00,000, and the credit guarantee period of KRW 900,000, and the credit guarantee period from September 21, 2012 to September 17, 2013, are set forth as “CF Co., Ltd.” (hereinafter “CF”).

A) A credit guarantee agreement that guarantees a loan obligation was concluded, and thereafter the credit guarantee amount of KRW 85,00,000 under the said credit guarantee agreement was modified by September 13, 2016 (hereinafter “instant credit guarantee agreement”).

(2) On October 6, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A, the credit guarantee amount of KRW 85,000,000, and the credit guarantee period from October 6, 2014 to October 5, 2015, with the credit guarantee period of KRW 85,00,000, and the credit guarantee period of Defendant A’s loans to Defendant A’s Korea Standards Bank (hereinafter “SB”), and subsequently, the credit guarantee amount of KRW 76,50,000 under the said credit guarantee agreement was changed to October 5, 2016.

(3) On October 6, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee Defendant A’s obligations for loans to Defendant A, with the credit guarantee amount of KRW 68,00,00,00, and the credit guarantee period from October 6, 2014 to October 5, 2015. After that, the credit guarantee agreement was modified as of October 5, 2016 by the credit guarantee amount of KRW 61,20,000, and the credit guarantee period of KRW 61,20,000 under the said credit guarantee agreement, and the credit guarantee amount of each credit guarantee agreement was modified as of October 5, 2016 (hereinafter “instant third credit guarantee”). In addition, each of the credit guarantee agreements referred to as “each of the instant credit guarantee”).

4) According to each credit guarantee agreement of this case, the Plaintiff fulfilled the guaranteed obligation.

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