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(영문) 인천지방법원 2017.07.21 2016가합60378
사해행위취소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 256,456,682 and KRW 256,456,367 from December 20, 2016 to January 2017.

Reasons

1. Indication of claim;

A. When Defendant A, who operated a business entity C, received a loan from the National Bank of Korea (hereinafter “National Bank”), requested the Plaintiff to provide credit guarantee for the repayment of the principal and interest of loan. The Plaintiff entered into a credit guarantee agreement with Defendant A and issued a credit guarantee agreement as follows.

On October 10, 2013, the Plaintiff and Defendant A entered into a credit guarantee agreement between October 10, 2013 and October 8, 2014, with the guarantee principal of KRW 270,000,000, out of the amount to be loaned from a national bank by Defendant A.

On October 2, 2014, the term of guarantee was changed to October 8, 2015, and the term of guarantee was changed to October 7, 2016, and on October 7, 2015, the term of guarantee was changed to October 7, 2016, and on October 7, 2016, the term of guarantee was changed to 255,000,000, and the term of guarantee was changed to October 2, 2017.

(hereinafter “instant guarantee”). B.

Defendant A paid damages in accordance with the interest rate determined by the Plaintiff when the Plaintiff performed the guaranteed obligation at the time of the above credit guarantee agreement, and paid damages in accordance with the above credit guarantee agreement on behalf of the Plaintiff, including the expenses incurred in the execution and preservation of claims and the exercise of claims pursuant to the above credit guarantee agreement and the legal procedures for

The rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016.

C. Defendant B jointly and severally guaranteed Defendant A’s obligation to the Plaintiff upon the instant guarantee agreement.

Defendant A submitted a credit guarantee certificate related to the instant guarantee on October 11, 2013 and borrowed KRW 300,000,000 from the National Bank.

E. From October 2016, Defendant A delayed the payment of the principal and interest of a national bank. On November 30, 2016, Defendant A claimed against the Plaintiff for the performance of the guaranteed obligation due to the instant guarantee.

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