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(영문) 서울북부지방법원 2016.11.08 2016가단115965
사해행위취소
Text

1. It was concluded on August 26, 2015 with regard to each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”) shall conclude a credit guarantee agreement.

A) As between the credit guarantee agreement with the following (hereinafter “the respective credit guarantee agreement”), each of the credit guarantee agreements provides for the following:

(1) Upon receipt of a credit guarantee certificate, the non-party company issued a credit guarantee certificate to the non-party company, and provided a credit guarantee within the scope of the following credit guarantee amount with respect to the principal and interest to be borne by the non-party company by obtaining a loan from the National Bank and the Korean C&C Bank. The non-party company received the credit guarantee amount of KRW 185,000,000 from each national bank as security on January 21, 2014 (amended by January 21, 2016) of the loan guarantee amount of KRW 10,000 on January 22, 2014 (amended by January 21, 2016); KRW 2901,00,000,000,0000 loan guarantee amount of KRW 0,000 from the National Bank and the Korean C&C bank on July 31, 2014 to the National Bank on June 5, 2015 (amended by June 3, 2016).

3) Under each credit guarantee agreement of this case, the Plaintiff and the non-party company agreed to the amount of the obligation to be repaid to the Plaintiff, the amount of the obligation to be repaid by the non-party company, and the amount of damages calculated at the rate prescribed by the Plaintiff from the date of the performance of the obligation to the extent of the obligation to be repaid to the Plaintiff, expenses incurred in the performance of the obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the obligation, expenses incurred in the preservation, unpaid guarantee fees, delayed guarantee fees, penalty, and damages for delay calculated at the rate prescribed by the Plaintiff from the date of repayment to the date of repayment of each of the expenses. (B) The Plaintiff’s guaranteed obligation performance of the non-party company lost the benefit of the loans under each credit guarantee agreement of this case

2. When the above credit guarantee accident occurred, the Plaintiff is a non-party company.

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