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(영문) 인천지방법원 2017.04.14 2016가합55000
사해행위취소
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 282,368,39 and KRW 282,210,739 among them, from June 14, 2016.

Reasons

1. Indication of claim;

A. The Defendant A Co., Ltd. (hereinafter “Defendant Company”) requested the Plaintiff to provide a credit guarantee in order to secure the repayment of the principal and interest of the loan when receiving a loan from the Korea Bank (hereinafter “Korea Bank”), and the Plaintiff entered into a credit guarantee agreement with the Defendant Company and issued a credit guarantee agreement as follows.

1) On November 26, 2004, the Plaintiff and the Defendant Company concluded a credit guarantee agreement with the Defendant Company as to KRW 255,000,000, out of the amount of money borrowed from our bank on the same day, as the credit guarantee principal, and the period of the credit guarantee was from November 26, 2004 to November 25, 2005. Thereafter, the Plaintiff and the Defendant Company changed the term of the guarantee by November 18, 2016 (hereinafter “the first guarantee”).

(2) On August 28, 2006, the Plaintiff and the Defendant Company concluded a credit guarantee agreement between August 28, 2006 and August 27, 2007 with a credit guarantee principal of KRW 127,50,000, out of the amount loaned by the Defendant Company from our bank on the same day.

After August 17, 2015, the guarantee principal was changed to KRW 99,200,000, and the guarantee term was changed to August 17, 2016.

(3) The Defendant Company agreed to pay damages at an annual rate of interest determined by the Plaintiff (18% per annum from January 1, 1999 to May 31, 2005, 12% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016.

B. When Defendant B entered into the first and second guarantee agreement, Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff.

C. The defendant company is the defendant company on 204.

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