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(영문) 광주지방법원 2017.04.20 2016가합53185
사해행위취소
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 282,704,024 and KRW 282,703,579 among them, from November 27, 2015:

B. Defendant B, and .

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee (1) borrowed KRW 30,00,000 from the National Bank (hereinafter “National Bank”) Co., Ltd. (hereinafter “National Bank”) on April 23, 2012. Of that, the Plaintiff changed the term of guarantee to April 22, 2015 for KRW 297,00,000 as the term of guarantee set as April 22, 2013 (F) and provided credit guarantee (F) and April 222, 2013 as the term of guarantee.

(2) The Plaintiff: (a) borrowed KRW 125,00,000 from a new bank (hereinafter “new bank”) Co., Ltd. (hereinafter “new bank”) on June 19, 2013; (b) granted a loan of KRW 100,000,000 among them, on June 18, 2014, the term of guarantee was set as a credit guarantee (number G), and on June 16, 2014, the term of guarantee was changed to June 18, 2015; and (b) on May 29, 2015, the term of guarantee was changed to June 17, 2016; and (c) granted a loan of KRW 20,000,000 from a new bank by Defendant B to KRW 10,000,000; and (c) set the term of guarantee number of KRW 10,08,07,00,00.

(3) Upon entering into each credit guarantee agreement with the Plaintiff, Defendant A and B agreed to pay the Plaintiff the amount of money paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016), and (2) if the Plaintiff fails to pay a loan within a given period, the penalty calculated by adding 0.5% to the fixed guarantee rate from the date following the date following the date following the date of repayment of the loan obligation for the non-performance of the guaranteed obligation to the Plaintiff, and (3) the expenses incurred for the execution of the indemnity claim to the Plaintiff in full.

(4) Defendant A jointly and severally guaranteed all Defendant B’s obligations to the Plaintiff due to each credit guarantee agreement set forth in paragraph (2) above.

(b).

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