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(영문) 인천지방법원 2017.12.19 2017가합55557
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 436,952,00,00 and KRW 190,862,380 among the Plaintiff, Defendant A and B.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) and entered into a credit guarantee agreement as follows (hereinafter “each of the instant credit guarantee agreements”), and issued a written credit guarantee agreement, respectively.

1) On June 24, 2013, the Industrial Bank of Korea concluded a credit guarantee agreement with a credit guarantee principal of KRW 297,00,00,000, and with a credit guarantee period from June 24, 2013 to June 23, 2014, and issued a credit guarantee certificate (credit guarantee number: D). The credit guarantee period on June 18, 2014 was changed to June 22, 2015; on June 17, 2015, the term of guarantee was changed to KRW 207,00,000, and the term of guarantee was changed to June 22, 2015; on June 13, 2016, the term of credit guarantee was changed to the credit guarantee number of KRW 189,000,000,000, and the term of guarantee was changed to the new bank’s principal of the guarantee period from June 13, 2016 to June 16, 2017.

3) Under each credit guarantee agreement of this case, the Defendant Company received 330,000,000 won from the Industrial Bank of Korea on June 25, 2013, and 270,000,000 won from the new bank on July 14, 2016, respectively. (4) According to each credit guarantee agreement of this case, where the Plaintiff performed a guaranteed obligation based on the credit guarantee agreement of this case, the Defendant Company shall pay damages for delay pursuant to the interest rate set by the Plaintiff within the limit of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act from the date of full payment of the amount the Plaintiff paid by proxy and the amount the Plaintiff paid by subrogation to the date of full payment of the amount the guaranteed obligation was paid by the Plaintiff, ② expenses required for the discharge of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through

5. Defendant B: each of the instant cases.

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