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(영문) 서울중앙지방법원 2016.12.16 2016가합503669
사해행위취소
Text

1. The Plaintiff:

A. As to KRW 42,146,737 and KRW 40,835,823 among Defendant A, Defendant A shall be from September 8, 2015 to February 17, 2016.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

(2) Defendant A is a company that engages in the consignment sale of construction machinery, etc. (i.e., a person who served as an inside director of Defendant B from March 11, 2013 to October 1, 2014; and (ii) from December 1, 2014 to March 2, 2015; Defendant D is a person who served as an inside director of Defendant B from October 1, 2014 to December 1, 2014; and Defendant C is a person who served as an inside director of Defendant B from March 2, 2015 to March 2, 2015; and Defendant C is a person who served as an inside director of Defendant B from March 11, 2013 to October 8, 2015.

B. On October 25, 2012, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A and the Plaintiff’s performance of the guaranteed liability, etc. (i) the credit guarantee agreement between the Plaintiff and the Defendant, setting the credit guarantee amount of KRW 50 million and the credit guarantee period as of October 24, 2013 (hereinafter “credit guarantee agreement of this case”).

(1) The Defendant A entered into a credit guarantee agreement and issued a credit guarantee agreement on the same day, and the Defendant A is the Han Bank Co., Ltd. (hereinafter referred to as “I Bank”) as security.

(2) On the other hand, the credit guarantee agreement of the instant case is stipulated as follows, and the “ratio determined by the Plaintiff” under Article 10(1) is 12% per annum.

Article 6 (Preliminary Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if there is no notice or peremptory notice from the plaintiff:

(B)

2. When he/she closes his/her business or fails to conduct his/her business for not less than three consecutive months; 13. When he/she is deemed to have significantly deteriorated credit standing other than those provided for in the subparagraphs of Article 10 (Scope of Redemption) (1) When the plaintiff has performed his/her guaranteed obligation, the principal and the joint guarantor shall immediately refund the amount falling under

(B)

1. Performance amount of surety obligations;

2. For the amount of subparagraph 1:

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