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(영문) 서울중앙지방법원 2017.10.25 2017가합504492
사해행위취소
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., B Co., Ltd., and C shall be jointly and severally 67,309,436 won and 62,37,726 won among them.

Reasons

Basic Facts

On November 26, 2008, the Plaintiff, including the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a content that guarantees the performance of the obligation to repay the loan (credit guarantee number G; hereinafter “instant credit guarantee agreement”) by setting the guarantee amount of KRW 95,00,000 (10,000,000 as loan amount of KRW 95%) and from November 25, 2009 to November 25, 2009, Defendant A obtained a loan from the F Co., Ltd. (hereinafter “F”), and changed the guarantee amount by November 18, 2016.

On September 22, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A with the content that guarantees the performance of the obligation to repay the loan (hereinafter “credit guarantee agreement of this case”) during the period from September 22, 2009 to September 20, 2009, with the guarantee amount of KRW 204,250,000 (95% of the loan amount of KRW 215,00,000) and the guarantee period from September 22, 2009 to September 20, 2009, the Plaintiff changed the guarantee amount to November 18, 2016.

On November 9, 2015, the Plaintiff entered into a credit guarantee agreement (the guarantee number J; hereinafter referred to as the “third credit guarantee agreement of this case”) with Defendant A with a content that guarantees the performance of the obligation to repay the loan, setting the guarantee amount of KRW 340,00,000 (85% of the loan amount of KRW 400,000,000) and the guarantee period from November 9, 2015 to November 8, 2016.

In addition, on November 18, 2015, between Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant B Co., Ltd. (hereinafter “Defendant B”), the Plaintiff is obligated to repay the loan by setting the guarantee period of KRW 240,000 (80,000,000) as from November 18, 2015 to November 18, 2016.

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