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(영문) 대전고등법원 2017.05.26 2016나15578
사해행위취소
Text

1. The part of the judgment of the first instance court against the defendant E by the Korea Credit Guarantee Fund shall be revoked.

Co-defendants in the first instance trial.

Reasons

1. Facts of recognition;

(a) Principal of credit guarantee (amount and term of credit guarantee), such as the conclusion of a credit guarantee contract and joint and several sureties: The credit guarantee period of KRW 170 million: From May 30, 2012 to May 29, 2013: The amount of interest (or additional amount) additionally borne by the Credit Guarantee Fund in addition to the principal of credit guarantee for a creditor under an Act and subordinate statutes and a credit guarantee contract between the Credit Guarantee Fund and the creditor, and the creditor: the kind of credit guarantee in the Daejeon Branch of the Korean Bank Daejeon District: Article 6 (Prior Indemnity) (1) of the loan guarantee guarantee if any of the following events occurs to the creditor, the principal and joint sureties bear the obligation of advance repayment for the amount guaranteed by the Credit Guarantee Fund even if there is no notification and peremptory notice from the Credit Guarantee Fund

1. Where he/she violates Article 5;

4. When any cause for registration of overdue, subrogated, subrogated, substitute payment, or negative information (including information related thereto), information disturbing financial order, or public record information has occurred under the "Management Rules of the Korea Federation of Banks";

9. When the Credit Guarantee Fund receives notification of the cause of the non-performing credit guarantee or a request for the performance of a guaranteed obligation from any of the creditors of credit guarantee under this agreement and other creditors of credit guarantee. (1) When the Credit Guarantee Fund has fulfilled a guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount referred to in subparagraph 1 by the rate determined by the Credit Guarantee Fund (the rate of delay damages from April 15, 2015 to the date of closing argument in the current trial shall be 12% per annum) from the date on which the repayment of the guaranteed liability is made;

4. Expenses incurred in preserving, transferring, and exercising the right acquired through the discharge of the guaranteed liability (1) The Plaintiff Credit Guarantee Fund shall be jointly accused Co-Defendant C Co-Defendant Co-Defendant (hereinafter “Defendant Co-Defendant Company”) of the first instance trial on May 30, 2012.

- As follows:

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