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(영문) 전주지방법원 2018.11.21 2017가단4838
사해행위취소
Text

1. As to Defendant B and Defendant C’s joint and several liability for KRW 27,565,383 and KRW 27,037,446 among them, Defendant C and the Plaintiff were jointly and severally liable for damages incurred from February 21, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee agreement and subrogation 1) The Plaintiff entered into a credit guarantee agreement with the Defendant C, which operated the automobile parts agency in the name of “F” around March 5, 2013, and the said C Company G (hereinafter “G”).

(2) In obtaining a loan from a company operating general funds, the Plaintiff entered into an agreement to amend the terms and conditions of the credit guarantee agreement to “F: 30,000 won; 30,000 won through March 5, 2013 to March 4, 2014; and the credit guarantee agreement to provide “H” (hereinafter the “credit guarantee agreement”); Defendant B entered into an agreement to provide the said credit guarantee agreement to Defendant C’s wife; 2) around February 17, 2014, the Plaintiff and the Defendant C entered into an agreement to amend the terms and conditions of the credit guarantee agreement to “the term of the first credit guarantee agreement to be changed from March 4, 2014 to March 4, 2015,” and the Plaintiff changed the terms and conditions of the credit guarantee agreement to “Defendant C’s agent operating condition” to “the period of the first credit guarantee agreement to be changed to 30,015.” On March 3, 2015, the Plaintiff changed the terms and conditions of the credit guarantee agreement to 315.”

(4) The Plaintiff concluded an accident that Defendant C and Defendant B could not pay the principal and interest of G due to sales depression and excessive competition, etc., and the principal and interest of G up to February 21, 2017 is KRW 27,037,446.

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