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(영문) 서울중앙지방법원 2016.07.21 2015가합555038
사해행위취소
Text

Defendant A and B Co., Ltd. jointly and severally for the Plaintiff KRW 396,047,194 and KRW 394,783,549 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

On April 26, 2012, the credit guarantee principal amounting to 297,50,000, and the credit guarantee period from April 26, 2012 to April 25, 2013 (after that, the credit guarantee principal was changed to 263,50,000, and the guarantee period was changed to April 22, 2016.

ii)a credit guarantee agreement under the Credit Guarantee Agreement (hereinafter referred to as the “Credit Guarantee Agreement”).

B) On December 26, 2013, the credit guarantee principal of KRW 120,00,000, and the credit guarantee period from December 26, 2013 to December 24, 2014 (the later guarantee period was changed from December 24, 2015).

ii)a credit guarantee agreement under the Credit Guarantee Agreement (hereinafter referred to as the “Credit Guarantee Agreement of this case”).

Defendant B concluded each of the instant credit guarantee agreements. Defendant B jointly and severally guaranteed each of the credit guarantee obligations to be borne by the Defendant Company against the Plaintiff pursuant to each of the instant credit guarantee agreements. (2) On April 26, 2012, the Defendant Company was granted loans of KRW 350,000,000,000,000,000,000, from the head of the Korea Bank (hereinafter “New Bank”) (hereinafter “New Bank”), a total passbook loan of KRW 150,000,000,000,000, based on the credit guarantee agreements issued pursuant to each of the instant credit guarantee agreements.

3) The Defendant Company agreed that the Plaintiff shall not perform the guaranteed obligation as a credit guarantee agent by the due date as to the principal obligation guaranteed by the Plaintiff’s credit guarantee. In the event that the Defendant Company violated its obligation, Defendant B, a joint and several surety, agreed to bear the obligation to repay in advance the amount guaranteed by the Plaintiff even without the Plaintiff’s notice and peremptory notice (Articles 5 and 6 of each of the instant credit guarantee agreements). In addition, in the event that the Plaintiff subrogated for the Defendant Company’s loan obligation related to the instant credit guarantee due to an occurrence of a guarantee accident, the said Defendant Company and B jointly and severally

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