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(영문) 대전지방법원 2015.10.14 2015가합102549
사해행위취소
Text

1. The Plaintiff:

A. 1) Defendant A and B jointly and severally agreed with KRW 159,612,886 and KRW 158,738,780 among them, 2).

Reasons

1. Facts of recognition;

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

each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”)

(2) The Plaintiff was engaged in wholesale and retail business of automobile parts under the following [Attachment 1] between Defendant A and Defendant A.

Each credit guarantee contract that guarantees the performance of loan repayment obligations as described in paragraph (1) was concluded.

(hereinafter referred to as the "this case's guarantee contract, and individually, according to the sequences Nos. 1, 2, and 3 guarantee contract. Defendant A is issued with a credit guarantee certificate under the above contract [Attachment 1].

A total of KRW 300 million was loaned from the Nonghyup Bank and the Han Bank as stated in the subsection.

Classification Serial

(a) Details of concluding a credit guarantee contract;

B. According to the above guarantee contract of 10,00,000,000 on February 14, 2006, No. 100,000, No. 2000, No. 2000, No. 26, Feb. 26, 2009, Nonghyup Bank No. 1,000, No. 3200, Feb. 25, 2010, No. 3200, No. 3200, Mar. 21, 2014, Han Bank No. 1085,00,00,00 for a guarantee term principal guarantee principal guarantee contract of Han Bank No. 1, a guarantee contract of 10,000,000,00 for a guarantee term of guarantee principal guarantee principal (wons) for a guarantee term of the guaranteed principal, etc., the above guarantee contract of 10,000,0000,000 for the principal and interest of the Defendant A and the Plaintiff’s delay in payment.

Defendant B and C guaranteed all the obligations of Defendant A to the Plaintiff according to the above guarantee agreement.

However, Defendant C entered into a joint and several guarantee contract within the limit of KRW 100,000 for the first guarantee contract and KRW 130,000 for the second guarantee contract.

B. The Defendant A discontinued his/her business on December 2, 2014, as the time limit for loss of benefit and the Plaintiff’s subrogation.

The closure of the business of the defendant A.

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