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(영문) 청주지방법원 2018.04.20 2017가합202385
사해행위취소
Text

1. Defendant A Co., Ltd. and Defendant B jointly and severally with the Plaintiff KRW 1,292,520,132 and KRW 1,183,930,652 among them.

Reasons

1. The factual basis, which is the premise of the dispute, ① The Plaintiff guaranteed Defendant A’s principal and interest obligation, etc. by concluding a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”).

Defendant B guaranteed the indemnity liability owed by Defendant A to the Plaintiff.

(2) In the event that the Plaintiff performed the guaranteed obligation under each credit guarantee agreement of this case, the term “the credit guarantee agreement of this case” in the following table (hereinafter referred to as “the credit guarantee agreement of this case”) was agreed that “the Defendant A and the guarantor agreed to pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated by multiplying the Plaintiff by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, unpaid guarantee fee, penalty, subrogation fee, etc.”

③ On March 6, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a sales contract for each real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”) with Defendant C Co., Ltd. (hereinafter “Defendant C”), and on March 31, 2017, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed in Defendant C’s future on March 31, 2017.

④ Meanwhile, Defendant A, from April 5, 2017 to April 9, 2017, had a credit guarantee accident where a corporate bank, as of March 19, 2017, requested the Plaintiff to perform the guaranteed obligation with respect to the loan obligations, which are the guaranteed obligation under the credit guarantee agreement under Article 1 of the instant credit guarantee agreement, from April 9, 2017 to April 9, 2017, and from March 19, 2017 to May 15, 2017.

On May 16, 2017, Defendant A filed a claim for the performance of the guaranteed obligation with respect to the Plaintiff on May 16, 2017, for the unpaid goods amounting to 594,404,274 won due to Defendant A’s failure to pay the goods properly from June 2016.

⑤ The Plaintiff on May 15, 2017

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