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(영문) 광주지방법원 2015.12.11 2015가합54976
사해행위취소
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 547,043,257 and KRW 542,412,49, respectively, from December 11, 2014.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff shall enter into a credit guarantee agreement with the Defendant Digital Tech Co., Ltd. (hereinafter “instant credit guarantee agreement”), as follows, and the written agreement is “the instant credit guarantee agreement”.

(2) Defendant A jointly and severally guaranteed the liability for reimbursement under the above credit guarantee agreement of Defendant Dosan C&T Co., Ltd.... The guaranteed financial institution’s guarantee number guarantee amount, the guaranteed loan amount of KRW 108,000,000 for the guaranteed loan amount of KRW 108,000,000 for the guaranteed loan amount of KRW 108,000 for the guaranteed loan amount of KRW 100,000 for the guaranteed loan amount of KRW 2,450,000 for the loans of small and medium enterprises, including Defendant C&T.

Article 3 (Payment of Fees, etc.) (3) If the principal fails to perform the principal obligation within the period for the performance of the principal obligation, he/she shall be paid a penalty calculated by multiplying the amount of the guaranteed obligation which has not been performed by the rate of 0.5% per annum on the guarantee fee rate for the amount of the guaranteed obligation.

Article 10 (Scope of Repayment) (1) When the Korea Credit Guarantee Fund (hereinafter referred to as the "Credit Guarantee Fund") has performed the guaranteed obligation, the principal and the joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

However, a joint and several surety under Article 2 (1) of the Special Act on the Protection of Suretys shall be repaid within the maximum amount of the guaranteed debt separately stated.

1. Performance amount of the surety obligation;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses incurred in performing guaranteed obligations;

4. The defendant corporation (hereinafter referred to as "the defendant corporation") shall bear expenses incurred in the preservation, transfer and exercise of rights acquired through the discharge of guaranteed liabilities;

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