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(영문) 인천지방법원 2016.11.17 2016가합51763
사해행위취소
Text

1. As to real property listed in the separate sheet Nos. 1 to 3:

A. On October 23, 2015, between Company B and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement between the Plaintiff and C and the Plaintiff’s loan 1) on March 16, 2011 and C Co., Ltd. (hereinafter “C”).

(3) In the event that C receives a loan from the U.S. branch of the U.S. branch of the Bank in Korea, the Plaintiff shall guarantee the above bank for the guarantee period within the limit of the guaranteed amount in order to guarantee the payment of the principal and interest of loan. In the event that the Plaintiff performed the credit guarantee obligation on behalf of C, C shall also pay to the above bank the amount of the loan within the limit of the guaranteed amount (hereinafter “the credit guarantee agreement of this case”).

2) Upon entering into the instant credit guarantee agreement, Company B (hereinafter “B”) and D jointly and severally guaranteed all obligations owed by Company C to the Plaintiff according to the instant credit guarantee agreement.

3) On March 16, 201, the Plaintiff issued a credit guarantee (guarantee No. E) on March 16, 201, with respect to the principal and interest obligation of KRW 300,000,000 for corporate driving loans that C will obtain from the said bank, setting the guarantee amount of KRW 270,000,000 and March 16, 2012 under the said credit guarantee agreement. (4) On March 21, 2011, C issued a credit guarantee certificate (Guarantee No. 300,000,000 with the said credit guarantee certificate as collateral, and subsequently changed the terms and conditions of the credit guarantee to extend the credit guarantee term on March 11, 2016.

B. Occurrence of credit guarantee accidents and Plaintiff’s subrogation 1 C on December 1, 2015.

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