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(영문) 서울중앙지방법원 2019.01.09 2018가합519354
사해행위취소
Text

1. As to the Plaintiff:

A. Defendant A: 79,068,834 won; 32,445,967 won by December 31, 2019; 34,492,051 won by December 31, 2020; and 34,492,051 won by December 31, 2020;

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) entered into a credit guarantee agreement with the Plaintiff (hereinafter collectively referred to as “the instant credit guarantee agreement”) with the following contents, and received loans from E Bank and the Korea Development Bank, respectively.

On March 27, 2013. 90,000,000 on March 27, 2014 (Extension until March 23, 2018) E Bank 82,002,002, and 135,000,000,000,00 of the guaranteed principal of the date of guarantee contract of the Korea Development Bank until June 2, 2015 (Extension until June 1, 2018), Korea Development Bank 110,500,000,000, the second guarantee contract of the Korea Development Bank 110,50,000,00,00 on June 2, 2015 (Extension until June 1, 2018)

B. Defendant A and B as the husband and wife and the representative director of D respectively. Defendant A and Defendant B agreed to bear the repayment obligation in advance when they applied for or entered into the liquidation of D’s rehabilitation procedure. Defendant A and Defendant B agreed to jointly and severally and severally guarantee the obligation to the Plaintiff under the credit guarantee contract of this case; Defendant B’s obligation to the Plaintiff under the first guarantee contract of this case; and Defendant B agreed to bear the repayment obligation when they applied for or entered into the liquidation of D’s rehabilitation procedure.

(Article 5(3). (c)

D From July 2017, the loan interest interest began to be overdue, and the same year.

9. 8. Filing an application for commencing rehabilitation procedures (Yancheon District Court 2017 Gohap42) to lose the benefit of time for the obligations of loans.

Accordingly, on November 6, 2017, the Plaintiff paid 82,470,932 won to the E Bank, and 301,108,021 won to the Korea Development Bank, respectively, and collected 159,983,940 won, and the principal of subrogation was 223,595,013 won (34,286,472 won as the 34,681,653 won as the 1,653 won as the 2nd Guarantee Contract).

70% of the principal and interest accrued prior to the commencement of rehabilitation security rights shall be converted into equity investment, and 30% (68,202,812) shall be calculated as KRW 68,802,812, or as KRW 68,202,812, as asserted by the Plaintiff within the extent of the above amount. The payment in cash and interest accrued after commencement shall be exempted in full.

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