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(영문) 인천지방법원 2015.07.10 2014가합58296
사해행위취소
Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint and several liability amounting to KRW 697,165,381 and KRW 695,845,174.

Reasons

1.The following facts of recognition do not conflict between the Parties:

(1) Upon the conclusion of a credit guarantee agreement, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff for the purpose of securing the repayment of the principal and interest of the loan, with the aim of securing the repayment of the loan and interest of the loan from the Non-Party 1 Bank (hereinafter “Non-Party 1 Bank”), and the Plaintiff respectively issued the credit guarantee agreement.

(A) On March 19, 2009, Defendant A obtained a loan from a non-party bank, with 100,000,000 won as credit guarantee principal, and concluded a credit guarantee agreement with the term of guarantee from March 19, 2009 to March 18, 2010, with the term of guarantee from March 16, 2010 as KRW 95,000,000, with the term of guarantee until March 18, 2011, with the term of guarantee extended until March 16, 2012, with the term of guarantee extended to 80,00,000,000, and the term of guarantee extended until March 15, 2013; and each of the period of guarantee changed to the term of guarantee until March 16, 2014;

(B) On July 16, 2009, Defendant A: (a) concluded a credit guarantee agreement with the term of guarantee from July 16, 2009 to July 15, 201; (b) the term of guarantee from July 16, 2009 to July 15, 201; (c) the term of guarantee from July 14, 201 to July 13, 201; and (d) the term of guarantee from July 13, 201 to July 13, 2012; and (e) the term of guarantee from June 29, 201 to June 12, 201 to June 27, 2013, respectively.

(C) On March 11, 2011, Defendant A obtained a loan from a non-party bank, the amount of KRW 495,00,000, out of which is the credit guarantee principal, and entered into a credit guarantee agreement with the term of guarantee from March 11, 201 to March 9, 2012, and changed the term of guarantee from February 28, 2013 until March 8, 2013; and the term of guarantee from March 5, 2013 until March 5, 2014; and the term of guarantee from March 7, 2014 by June 5, 2014.

(j)(j).

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