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(영문) 서울중앙지방법원 2015.06.16 2014가합521823
사해행위취소
Text

1.(a)

Between Young Engineering Co., Ltd. and Defendant Han-ethyl Co., Ltd., listed in attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the Young ro Engineering Co., Ltd. (hereinafter “Yero Engineering”).

1) On April 22, 2008, the Plaintiff determined the guaranteed principal amount of KRW 300 million, guarantee period from April 22, 2008 to April 21, 2009, and the Plaintiff’s enterprise bank of Young Engineering (former trade name: Industrial Bank of Korea; hereinafter “Corporate Bank”).

) A credit guarantee agreement was concluded with the content that guarantees the obligation to lend to an enterprise. Hero engineering was based on the above credit guarantee agreement on April 24, 2008, setting forth on April 21, 2009 as the due date for the fulfillment of KRW 375 million from an enterprise bank (hereinafter “first loan”).

(2) On November 10, 2008, the Plaintiff entered into a credit guarantee agreement with the Young Engineering Co., Ltd. to guarantee the obligation of loans to the Young Engineering Enterprise Bank, setting the guarantee principal of KRW 425 million and the guarantee period from November 10, 2008 to November 9, 2009.

on November 11, 2008, he/she obtained a loan from an enterprise bank on November 9, 2009 (hereinafter “second loan”) by setting the due date for the fulfillment of KRW 500 million from the enterprise bank based on the above credit guarantee agreement.

B. At the time of the conclusion of each credit guarantee agreement between the Plaintiff and Young Engineering, when the Plaintiff subrogated for the obligation to pay the guaranteed debt, the Plaintiff agreed to pay the Plaintiff the amount of the obligation to pay (1) the amount of the obligation to pay, (2) the amount of the obligation to pay the amount of the obligation to pay, and (3) the amount of the obligation to pay the penalty calculated by the

C. On November 1, 2012, he/she transferred the claim as indicated in paragraph (1) of the Attached Table 1 (hereinafter “instant claim”) to the Defendant Han ethyl Co., Ltd. (hereinafter “here ethyl”).

Defendant.

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