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(영문) 광주지방법원순천지원 2016.02.18 2015가합11688
사해행위취소
Text

1. The Plaintiff:

A. Defendant A Agricultural Partnership, B, and C are jointly and severally liable for KRW 1,00,107,166 and among them, KRW 979,213,286.

Reasons

1. Basic facts

A. On April 18, 2006, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with Defendant A farming association (hereinafter “Defendant A farming association”); (i) on April 17, 201, with the guaranteed principal of KRW 1,80,000,000; (ii) on April 17, 2019, with the credit guarantee agreement (hereinafter “credit guarantee agreement”); (iii) on April 10, 209, with the guaranteed principal of KRW 276,450,00; (iv) the credit guarantee agreement (hereinafter “credit guarantee agreement”); (iv) on April 10, 201, with the guaranteed principal of KRW 320,000,000; and (iv) on December 27, 2013 (hereinafter “Defendant D Co., Ltd.”) with each of the credit guarantee agreements (hereinafter “Defendant D Co. 31, 209”).

Under each credit guarantee agreement, Defendant farming association, and D agreed to pay the Plaintiff the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation on behalf of the said Defendants, and damages for delay in proportion to 12% per annum, expenses incurred in the preservation, transfer, and exercise of indemnity claims, and additional guarantee fees.

B. At the time of the conclusion of the first credit guarantee agreement, Defendant C jointly and severally guaranteed all obligations owed to the Plaintiff by each of the Defendant farming associations pursuant to the first credit guarantee agreement on March 24, 2008, following the conclusion of the second credit guarantee agreement, Defendant B, C, and D’s all obligations owed to the Plaintiff by the Defendant farming association pursuant to the second credit guarantee agreement, following the conclusion of the third credit guarantee agreement, Defendant B, C, and D’s third credit guarantee agreement, and Defendant E jointly and severally guaranteed all obligations owed to the Plaintiff by each of the Defendant farming associations pursuant to the third credit guarantee agreement. At the time of the conclusion of the fourth credit guarantee agreement, Defendant C’s agricultural association, B, and C’s fourth credit guarantee agreement.

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