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(영문) 전주지방법원 2016.06.01 2014가합8133
구상금 및 사해행위취소등 청구의 소
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several liability amounting to KRW 428,820,981 and KRW 428,58,264.

Reasons

1. Basic facts

A. The status of the parties is that Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Company”); Defendant C is the same as that of Defendant B, and Defendant D is all registered as the director of Defendant Company with children of Defendant B.

B. A credit guarantee agreement between the Plaintiff and the Defendants 1) The Plaintiff entered into a credit guarantee agreement with the Defendant on February 10, 2009 (hereinafter “instant credit guarantee agreement”).

(2) On February 8, 2010, the Plaintiff and the Defendants issued a credit guarantee certificate with the maturity of KRW 285 million, the Defendant Company, and the Defendant Company on February 10, 2010 (Guarantee Number F), Defendant B, C, and D as of the same date. As to the credit guarantee agreement, the Plaintiff and the Defendants jointly guaranteed the Plaintiff’s obligation under the said agreement with the maturity of KRW 270 million on February 8, 2010, the term of the guarantee was KRW 250 million on February 10, 201, KRW 255 million on February 8, 201, and the term of the guarantee was changed to the respective creditors’ repayment period of KRW 250 million on February 10, 201, and the term of the guarantee was changed to the expiration date of February 28, 2013; and each of the creditors’ repayment period was changed to the expiration date of February 25, 2012.

3) On September 17, 2012, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and issued a credit guarantee agreement of KRW 127.5 million in the future of the first place of the Nonindicted Bank of North Korea, the Defendant Company of the principal debtor, and the Defendant Company of the principal debtor on September 17, 2016 (Guarantee Number G), and the Plaintiff guaranteed the Defendant Company’s obligation to the Plaintiff on the same day. (4) On August 11, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and issued a credit guarantee agreement of KRW 4,165 million in the south Bank of Korea, the guaranteed amount, the principal debtor company, the Defendant Company, and the guarantee period (Guarantee Number H), and the Defendant B guaranteed the Plaintiff’s joint and several liability to the Plaintiff on the same day under the said agreement.

C. Defendant Company:

the credit guarantee as referred to in paragraph (1).

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