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(영문) 서울중앙지방법원 2018.08.22 2017가합572464
사해행위취소
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from August 12, 2017 to November 15, 2017, as well as KRW 1,242,925,950.

Reasons

1. Basic facts

A. 1) The Plaintiff is a legal entity established on July 3, 1992 and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company established on February 17, 1990 for the purpose of facilitating trade and overseas investment and contributing to enhancing national competitiveness by efficiently operating the trade insurance system to ensure risks arising in connection with trade and other foreign transactions according to the Trade Insurance Act. Defendant B, C, and F are those who worked as executive officers, such as the representative director, auditor, etc. of the Defendant A, and Defendant D is the wife of the Defendant B and the Defendant E are the children of Defendant B and D.

B. Article 2 (Credit Guarantee Contents, etc.) (1) The defendant A and the guarantor confirm that the plaintiff's credit guarantee obligation is the following upon the request of the defendant A for credit guarantee.

(hereinafter referred to as "revolving guarantee" in Note 4) 1 means guaranteeing the obligation that occurs repeatedly within the scope of the credit guarantee limit and the guarantee period, and "individual guarantee" means guaranteeing the obligation for a loan that is executed to arrive within the guarantee period with respect to a specific export contract or a specific fund specified in a guarantee form, and in the case of trade financing, limited to "standard L/C financing". Article 5 (Obligation to Fulfill Obligations) of the Defendant A shall pay the obligation guaranteed by the Plaintiff in full by the due date and make it impossible for the Plaintiff to perform the guaranteed obligation. Article 7 (Prior Claim) ① When any of the following events occurs with respect to Defendant A, Defendant A shall immediately notify the Plaintiff and reimburse the amount guaranteed by the Plaintiff before the Plaintiff performed the guaranteed obligation of the Plaintiff, without a peremptory notice, etc. from the Plaintiff.

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