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(영문) 서울중앙지방법원 2015.12.17 2014가합592979
구상금 및 사해행위 취소의 소
Text

1. As to the Plaintiff’s KRW 301,861,084 and KRW 301,860,625 among them, Defendant D shall start on December 11, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Credit Guarantee Fund (hereinafter “Plaintiff’s Fund”)

A Co., Ltd. (hereinafter referred to as “Bankruptcy Company”)

In order to ensure the payment of principal and interest of a loan by the bankrupt company in receiving each loan from the Bank of Korea, the bankrupt company shall enter into a credit guarantee agreement in the table below (hereinafter referred to as the "credit guarantee agreement of this case").

(2) The Plaintiff Fund issued a credit guarantee certificate pursuant to the instant credit guarantee agreement, and the bankruptcy company received each of the following loans.

On April 13, 2015, the guaranteed amount guaranteed by the date of guarantee (1) as joint and several surety of the lending bank, ① KRW 300,000,000 on April 3, 2015, Korea Bank D2, 180,000 on May 18, 2016, KRW 200,000,000 on May 18, 2016, the bankrupt company delayed the repayment of the above installment, and the occurrence of an accident of guarantee on October 12, 2014, the Plaintiff collected KRW 303,258,000 on December 11, 205 [30,00,000 on May 18, 2016; KRW 40,00,000 on the guaranteed amount (303,258,000,000 on the guaranteed amount) - KRW 303,65,065 on the credit guarantee agreement of this case - - 30301,64164,61465

B. 1) A bankrupt company’s remittance to Defendant C (hereinafter “instant E”) on May 15, 2014, is a 1/12 equity of the real estate listed in attached Table 1 of Real Estate List No. 1 (hereinafter “instant Real Estate List”).

3) Nonparty 1 et al. (hereinafter “herats system”)

(2) On May 8, 2014, Defendant C was transferred KRW 19.5 million from Nonparty F on May 8, 2014 (hereinafter “instant remittance”). In short, Defendant C received the instant transfer from Nonparty F on May 8, 2014.

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