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(영문) 전주지방법원 2018.01.19 2016가합1600
구상금 및 사해행위취소
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 568,341,152 and KRW 84,845,037 among them, Defendant B shall be from November 30, 2015, and KRW 481,404.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement 1) Defendant A’s I-Tsan Branch Co., Ltd. (hereinafter “I”).

(2) In order to secure the payment of the principal and interest of loans borrowed from the principal and interest of the loan, each credit guarantee agreement with the following contents (hereinafter “instant First Agreement”).

(2) On the other hand, Defendant B jointly and severally guaranteed Defendant A’s indemnity liability to the Plaintiff under the instant arrangement. On the other hand, Defendant B entered into a credit guarantee agreement with each of the following terms and conditions (hereinafter “instant agreement”) on December 16, 2015: (a) on March 13, 2003, which is the joint and several surety of the original guarantee term bank; (b) I B B B on June 16, 2006; and (c) on December 11, 2011, in order to secure the payment of the principal and interest of a loan granted from Defendant B Co., Ltd. (hereinafter “J”) and I on May 27, 2016:

In the first and second agreements of this case, on October 17, 2012, which is joint and several surety surety of the lending bank for the term of credit guarantee contract (original guarantee), the Defendants agreed to pay the Plaintiff the amount of each of the above loans on June 26, 2014 (i.e., 29,750,000 on October 16, 2015) in the first and second agreements on June 26, 2014, when the said Defendants fail to pay the above loans to the lending bank for the said Defendants on behalf of the said Defendants, the amount of payment on behalf of the said Defendants and the fixed overdue interest rate of the Credit Guarantee Fund (12% until January 31, 2016; 10% per annum from the following day) and the expenses incurred by the said Plaintiff in order to compensate for the damages incurred by the Plaintiff pursuant to the credit guarantee agreement issued by the Plaintiff pursuant to Article 164, 466 and 48 of the Credit Guarantee Agreement.

Defendant B, based on the credit guarantee certificate issued by the Plaintiff pursuant to the instant agreement, was granted loans from J KRW 85,00,000, and KRW 29,750,000, respectively.

Each of the above loans contract is described above by the Defendants.

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