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(영문) 서울중앙지방법원 2017.04.25 2015가단5390673
구상금 및 사해행위 취소의 소
Text

1. The plaintiff's lawsuit against the defendant E shall be dismissed.

2. The Plaintiff:

A. Defendants A and B are jointly and severally liable.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant A Co., Ltd. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) around August 12, 2009.

In addition, with respect to loans granted from the Industrial Bank of Korea, the Defendant Company’s guarantee period was finally changed on August 11, 2010 by KRW 24 million (the guarantee amount later was KRW 19.2 million, and the guarantee period was finally changed on October 8, 2015).

(2) Under the above credit guarantee agreement, a credit guarantee agreement (hereinafter “1 credit guarantee agreement”) was concluded and issued. However, under the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company is obligated to pay to the Plaintiff the repayment amount, delay damages, attempted penalty, and expenses for preserving claims calculated at the rate determined by the Plaintiff from the date of repayment. Defendant Company guaranteed the Plaintiff’s debt to the Plaintiff. Defendant Company took out the above credit guarantee agreement around August 12, 2009 with the loan of KRW 30 million from the Industrial Bank of Korea using the above credit guarantee agreement. On September 10, 2015, the credit guarantee accident occurred due to late payment of interest, and the Plaintiff’s credit guarantee agreement was 19,568,328 won (the principal, KRW 19,200, KRW 368, KRW 328, KRW 428, KRW 400, KRW 200, KRW 401, KRW 20414,204).

(B) No later than October 12, 2010, the guarantee period of the guaranteed amount was 45 million won and the guarantee period was 12.0 million won and the credit guarantee certificate was issued.

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