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(영문) 광주지방법원 2015.07.23 2013가합54682
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally agreed with the Plaintiff KRW 876,623,309 and KRW 790,788,048 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”)

between the two are as follows: (a) a credit guarantee agreement (hereinafter referred to as “each credit guarantee agreement of this case”); and (b) a guarantee of each of the credit guarantees of this case:

(2) Defendant A’s representative director, Defendant A’s representative director, and Defendant B, pursuant to the respective credit guarantee agreement of this case, jointly and severally guaranteed guarantee (hereinafter “each joint and several guarantee agreement of this case”).

[Attachment 1] [Attachment 1] The guaranteed amount [Guarantee Rate] 595,00,000,000 for joint and several sureties 1 G on May 30, 2011 / [85%) Defendant B H 2H on May 30, 2012 (Extension to May 30, 2013) Defendant B H 2H on June 14, 2011 / [95%] The repayment rate of the guaranteed amount [the repayment rate] 595,00,000,000 for the performance of the guaranteed obligation [the repayment rate] / [the repayment rate] 10,000,000 for the performance of the guaranteed obligation [the repayment rate shall be extended from the date after February 21, 2014] to the date before the execution date of the guaranteed obligation fixed by the Plaintiff on June 14, 2012 (the repayment rate shall be extended to February 21, 2012] The repayment rate of the Plaintiff’s subrogated and the subrogation payment amount per /3010.

B. The occurrence of a credit guarantee accident and the subrogation of the Defendant A) provided each credit guarantee agreement of this case, and the sum of each loan amount of KRW 785,000,000 from the Industrial Bank of Korea (the foregoing Table 1) Nos. 1 and 2 was borrowed in the amount equivalent to KRW 900,00,000 or the amount actually guaranteed.

(1) The amount of loans from the Gwangju Bank 85,000,000 won (as shown in Table 1) No. 3 was loaned by the Gwangju Bank 100,000,000 won or amount guaranteed.

(2) The Defendant A discontinued his business on March 31, 2013 while delaying interest from February 28, 2013, and the Gwangju Bank ceased to exist.

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