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(영문) 대구지방법원 2017.11.10 2017가합200072
사해행위취소
Text

1.(a)

On May 23, 2016, each patent right indicated in the separate sheet between Defendant A, B, and D as to each patent right indicated in the separate sheet.

Reasons

1. Basic facts

A. (1) In the instant credit guarantee agreement and the Plaintiff’s prior right to indemnity (1) the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) on December 14, 201, setting the guarantee term of KRW 90,000,000 on the guarantee principal, and KRW 90,000 on the guarantee rate of KRW 90,00 on the basis of the said credit guarantee agreement, and D borrowed KRW 100,000 from Daegu Bank based on the said credit guarantee agreement. Since then, the said guarantee term was extended on December 8, 2017.

(2) On May 25, 2012, the Plaintiff entered into a credit guarantee agreement with D and D on May 24, 2017, with the guaranteed principal of KRW 58,50,00,000, and with the guarantee rate of KRW 90,00 (hereinafter “each of the credit guarantee agreements of this case”) (hereinafter “the credit guarantee agreement of this case”) together with the credit guarantee agreement of this case, and D obtained a loan of KRW 65,00,00 from the Daegu Bank of Daegu on the basis of the said credit guarantee agreement, and thereafter, D had the balance of the guaranteed principal of KRW 14,607,00,00, out of the guaranteed principal due to termination of KRW 43,893,00.

(3) G, the representative director of D, was jointly and severally guaranteed all obligations owed by D to the Plaintiff under each credit guarantee agreement of this case.

(4) According to the instant credit guarantee agreement, where the Plaintiff performs the guaranteed obligation under the said credit guarantee agreement, D and the joint guarantor are liable to reimburse the Plaintiff the amount of performance of the guaranteed obligation, (2) expenses incurred in the performance of the guaranteed obligation, (3) expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, (4) unpaid guarantee fees, overdue guarantee fees, additional guarantee fees and performance guarantee fees, (5) the above amount ① or ③ is liable to reimburse damages, etc. from the date of performance to the date of repayment (Article 10 of the Credit Guarantee Agreement), and in the

(B) Articles 5(1)7 and 5(3)5 of the Credit Guarantee Agreement (1) of the Credit Guarantee Agreement, if any of the following events occurs to the principal:

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