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(영문) 서울중앙지방법원 2017.07.21 2016가합520565
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. Defendant B and Nonparty C were concluded on February 3, 2016.

Reasons

1. Basic facts

A. On May 16, 2008, the Plaintiff entered into a credit guarantee agreement with Nonparty D Co., Ltd. (hereinafter “D”) with a credit guarantee principal of KRW 297.5 million, and the credit guarantee term (hereinafter “credit guarantee term thereafter was changed to May 6, 2016”) on May 15, 2009 (hereinafter “credit guarantee agreement”); ② on May 17, 2011, with a credit guarantee principal of KRW 425 million; and on May 11, 2012, with a credit guarantee term of KRW 150 million changed to a credit guarantee agreement (hereinafter “credit guarantee agreement”) (hereinafter “credit guarantee agreement”) with the principal of KRW 21,250,000,000,000,000 and KRW 150,000,000,000,000) (hereinafter “credit guarantee agreement”) up to KRW 15,015,000,000).

B. D, based on each credit guarantee letter issued pursuant to paragraphs 1 through 4 (the order of each of the above agreements), was loaned KRW 350 million from the Industrial Bank of Korea on May 16, 2008, ② KRW 50 million from the same bank on May 20, 201, ③ KRW 250 million from the Korean bank on May 4, 201, ③ KRW 250 million from the Korean bank on November 21, 201, ④ KRW 50 million from the Han Bank on November 21, 2014.

C. According to the above credit guarantee agreement, where the Plaintiff subrogated for the obligation of D’s loan due to an occurrence of a guarantee accident, D shall pay the Plaintiff the amount of subrogation and the damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation, and substitute payments paid by the Plaintiff for the exercise or preservation of the subrogation and other rights.

As the representative director of the D, Nonparty C guaranteed all indemnity obligations against the Plaintiff under each agreement with respect to the first or fourth agreement.

E. D For each of the above loans due to natural enterprises on January 8, 2016.

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