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(영문) 서울중앙지방법원 2018.05.09 2017가합582409
사해행위취소
Text

1. As to the Plaintiff’s KRW 584,545,202 and KRW 382,034,092 among them, Defendant A Co., Ltd. shall start on April 12, 2017, and start on January 2, 201.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A’s credit guarantee agreement 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on June 15, 2012

between Defendant A and the Bank of Korea, Inc. (hereinafter referred to as “Korea Bank”);

(1) As to the principal and interest of a loan to be borne by a credit guarantee company, a credit guarantee agreement was concluded on June 9, 2017, setting the credit guarantee principal as KRW 425 million, and the term of the credit guarantee principal was changed to KRW 380 million (hereinafter “the first credit guarantee agreement”).

(2) On June 19, 2012, Defendant A submitted a credit guarantee statement issued by the Plaintiff pursuant to the credit guarantee agreement under the first credit guarantee agreement of the instant case to the Bank, and obtained a loan by setting the maturity period of KRW 500 million from the Bank as June 9, 2017.

3) On June 3, 2016, the Plaintiff is between Defendant A and Defendant New Bank Co., Ltd. (hereinafter “New Bank”), and Defendant A’s New Bank.

(2) As to the principal and interest of a loan to be borne by it, the credit guarantee principal was determined on June 2, 2017 as the credit guarantee principal amounting to KRW 23.2 million and the term of guarantee was set as the credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”).

(4) On June 2016, Defendant A submitted a credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case to a new bank and received a loan from the new bank as of June 2, 2017, by setting the maturity period of KRW 254 million from the new bank.

B. On March 23, 2017, our bank sent a notice of credit guarantee accident to the Plaintiff that “the credit guarantee accident for the loss of the benefit of time as of March 18, 2017 has occurred,” and around that time, the said notice reached the Plaintiff. The Plaintiff sent a notice of credit guarantee accident to the Plaintiff on April 12, 2017 pursuant to the credit guarantee agreement of the instant case (i.e., the total amount of KRW 382,034,092 (i.e., the principal amount of KRW 380,000,000) (i.e., KRW 20,034,092) on behalf of the Korean bank. 2) On April 18, 2017, the new bank subrogated to the Defendant for registration of credit information other than the point of treatment on March 24, 2017.

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