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(영문) 서울중앙지방법원 2017.04.25 2016가합573934
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 551,705,037 and KRW 551,704,520 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement on May 8, 2015, the Plaintiff is only Defendant A Co., Ltd. (hereinafter “Defendant Company”).

between Defendant and the National Bank, Inc. (hereinafter “National Bank”) of the Defendant Company

(2) The term “credit guarantee agreement” refers to a credit guarantee agreement in which the principal of the credit guarantee principal is KRW 540,00,000 and the amount of the loan is KRW 600,000 from May 8, 2015 to May 6, 2016; and the amount of the loan is KRW 600,000,000 (hereinafter “instant credit guarantee agreement”).

(2) The Defendant Company received a loan of KRW 600,00,000 from a national bank as security, and the Plaintiff agreed on April 27, 2016 to extend the term of guarantee under the instant credit guarantee agreement with the Defendant Company as of May 4, 2017.

3) Under the credit guarantee agreement of this case, where the Plaintiff fulfilled the guaranteed obligation in accordance with the credit guarantee agreement of this case, the scope of the indemnity to be repaid by the Defendant Company shall be determined as follows: Article 3 (Payment of Guarantee Fees, etc.) (3) In the event the Defendant Company fails to perform the principal obligation within the period of performance of the principal obligation, the penalty calculated by multiplying the amount of the guaranteed obligation by the rate of 0.5% which is calculated by adding the rate of 0.5% per annum to the guarantee rate for the unpaid amount of the guaranteed obligation.

1. Performance amount of surety obligations;

2. The rate determined by the Plaintiff from the date of performance of the surety obligation to the date of repayment.

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