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(영문) 서울중앙지방법원 2019.01.10 2018나7770
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The first credit guarantee agreement and joint and several guarantee agreement 1) The Plaintiff is a joint defendant A Co-Defendant A Co-Defendant Corporation of the first instance trial on June 2, 2014 (hereinafter “A”).

B) Between Company A and the guaranteed amount of KRW 170,00,000,000, and the guaranteed period of June 1, 2015, T Co., Ltd. (hereinafter “T”).

(3) The Plaintiff’s credit guarantee agreement to guarantee the principal and interest of loan to be borne by receiving a loan from the Plaintiff (hereinafter “the first credit guarantee agreement”).

Upon conclusion of the credit guarantee agreement, C has jointly and severally guaranteed all obligations that A owes to the Plaintiff in accordance with the said credit guarantee agreement. (2) A has obtained a loan of KRW 170,000,000 from T as security in accordance with the first credit guarantee agreement, and the term of the first credit guarantee agreement was extended until June 1, 2016.

B. The second credit guarantee agreement and joint and several guarantee agreement 1) The Plaintiff entered into a credit guarantee agreement with A as between June 23, 2016, stating that the Plaintiff shall guarantee the principal and interest of a loan that A shall bear by receiving a loan from T as between the guaranteed amount of KRW 170,000,000 and the guaranteed term of June 22, 2017 (hereinafter “second credit guarantee agreement”).

C) A entered into a credit guarantee agreement, and C jointly and severally guaranteed all obligations that A owes to the Plaintiff in accordance with the said credit guarantee agreement. (2) A was granted a loan of KRW 170,000,000 from T as security for the credit guarantee agreement in accordance with the second credit guarantee agreement.

3) The credit guarantee agreement under the second credit guarantee agreement states that “this letter of credit guarantee is a condition to recover the cases treated in U (the guarantee number of the letter of credit guarantee under the first credit guarantee agreement).” The second credit guarantee agreement is the same as the first credit guarantee agreement in which the loan financial institution, the loan subject (the general loan for business driving), and the guaranteed amount (170,000,000) of the Plaintiff is the same as the first credit guarantee agreement.

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