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(영문) 서울중앙지방법원 2016.12.23 2016가합516757
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 252,164,677 and KRW 252,164,221 among them.

Reasons

1. Basic facts

A. 1) On August 26, 2014, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “Defendant A”).

(1) The term “foreign exchange bank” (hereinafter “foreign exchange bank”) established between August 26, 2014 and August 25, 2015 and (1) guaranteed principal, and the term “foreign exchange bank” (hereinafter “foreign exchange bank”) established between August 26, 2014 and the guarantee period.

(2) The first credit guarantee agreement of this case (hereinafter referred to as the “the first credit guarantee agreement of this case”) providing a guarantee for the repayment of the obligation to repay the loan from the recipient of the loan.

(2) As to August 25, 2015, the term “the second credit guarantee agreement of this case”) provides a credit guarantee agreement in which the Defendant A guarantees the performance of the obligation to repay a loan in the course of obtaining a loan from a foreign exchange bank (hereinafter “the second credit guarantee agreement of this case”) by setting the guarantee principal as from August 26, 2014 to August 25, 2015.

2) At the time of the instant credit guarantee agreement, Defendant A jointly and severally guaranteed all obligations, including indemnity obligations, to be borne by the Plaintiff, based on the instant credit guarantee agreement, at the time of the instant credit guarantee agreement.

3) Under the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A stipulated that the amount of the Plaintiff’s performance of the guaranteed obligation, the amount of the obligation to discharge the guaranteed obligation, the amount of damages, penalty, the amount of the Plaintiff’s performance, the expenses incurred in the execution, preservation, exercise, and legal procedure of the Plaintiff’s payment on behalf of the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation (10% per annum from February 1, 2016 to the date of repayment of the guaranteed obligation) shall be paid (Article 10 of the instant credit guarantee agreement). When the Defendant A discontinued his/her business or fails to conduct his/her business for not less than three months, the Defendant A and his/her joint and several sureties, a prior repayment obligation, shall be borne by the Plaintiff for the amount guaranteed by the Plaintiff (Article 6(1)4 of the instant credit guarantee agreement) and the Defendant A on August 21, 2015.

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