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(영문) 광주고등법원 2018.07.20 2017나15958
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked.

The defendant and C are listed in the separate sheet.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement only with A (hereinafter “A”) on September 8, 2011.

ii) our Bank Gwangju Full Branch Co., Ltd. (hereinafter referred to as “Korea Bank”);

(3) In the event that a small and medium enterprise establishment support fund is loaned from a small and medium enterprise establishment support fund, a credit guarantee agreement is established on August 31, 2021 as the guaranteed principal amount of KRW 745,200,000, and a guarantee period of KRW 1.

A) The credit guarantee statement issued pursuant to the above agreement was submitted to the Bank to Korea, and KRW 828,00,000,000 from the said Bank (hereinafter “instant loan”).

(2) On August 201, 2021, the term of the loan was extended to 223,560,000 won due to the partial termination of the instant one agreement. (2) On January 27, 2014, the Plaintiff: (a) provided a credit guarantee agreement (hereinafter referred to as “instant agreement”) with a period of January 26, 2015 (the guarantee principal was extended to January 26, 2016) on the loan of small and medium enterprise funds from a branch office of an enterprise bank (hereinafter “enterprise bank”); and (b) provided a credit guarantee agreement (hereinafter referred to as “instant agreement”) with a period of 180,560,000 won from the said bank to an enterprise bank; and (c) submitted a credit guarantee agreement issued pursuant to the said agreement to obtain the loan from the said bank as the loan period of 20,000 won (hereinafter “instant loan”).

3. According to the agreement of this case 1 and 2, where the plaintiff will act on behalf of the guarantor as the plaintiff due to the plaintiff's non-performance of the obligation to return each loan of this case, A shall pay to the plaintiff the amount of damages calculated by multiplying the plaintiff's performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the exercise of the right acquired by the plaintiff due to the performance of the guaranteed obligation, the expenses incurred in the preservation and transfer of the right acquired by the plaintiff due to the performance of the guaranteed obligation, and the amount of the guaranteed obligation not performed by

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