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(영문) 광주지방법원 2015.11.26 2014가합60073
사해행위취소
Text

1. Defendant Limited Partnership Company A, Defendant B, Defendant C, and Defendant D Co., Ltd. are jointly and severally liable to the Plaintiff for KRW 435,954,560 and they are among themselves.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement. The Plaintiff’s limited partnership company A (hereinafter “Defendant A”).

(2) The credit guarantee agreement of this case (hereinafter referred to as “each of the credit guarantee agreements of this case”) as described below.

Defendant B, C, and D Company (hereinafter “Defendant D”)

The Defendant A jointly and severally guaranteed the liability for indemnity to the Plaintiff under each credit guarantee agreement of this case. The contents of each credit guarantee agreement of this case include: (a) F 255,000,000 for the final guarantee number (the original debtor) on the date of concluding the contract; (b) Defendant A on July 4, 2014; (c) but (d) Defendant A 2 G 170,000,000 for a bank bank 2 G 170,000,000 on July 4, 2010, but (b) Defendant A 2) on July 2014, 204; (c) Defendant A paid to the Plaintiff for the performance of the guaranteed obligation; (d) expenses incurred by subrogation and the performance of the guaranteed obligation pursuant to the rate (12%) determined by the Plaintiff (12%) on behalf of the Plaintiff; and (e) expenses incurred in the preservation and exercise of the right determined by the Plaintiff from the date following the date of repayment of the obligation when the obligation was not performed.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A caused a credit guarantee accident that, on June 11, 2014, lost the benefit of time due to the defective occurrence of Defendant D, an affiliated company. (2) The Plaintiff, in accordance with each of the instant credit guarantee agreements, subrogated as follows. Under each of the instant credit guarantee agreements, the costs of preserving the claim and the penalty incurred pursuant to each of the said credit guarantee agreements are as follows:

F. F. 1 F. 258, 232, 212 4, 745, 956 463, 190 G 2 G 13, 172, 168, 168, 082 345,120 on August 13, 2014

C. Defendant B’s act of disposing of the property of Defendant B (hereinafter “instant real estate”) on the ground of sale and purchase on October 31, 2013 (hereinafter “instant sales contract”).

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