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(영문) 서울중앙지방법원 2018.06.22 2017가합500957
사해행위취소
Text

1. On August 21, 2012, between Defendant B and Plaintiff, Defendant B and Nonparty E.

Reasons

Basic Facts

On November 19, 2009, the Plaintiff’s joint and several debt F’s each credit of F with respect to the loan on November 19, 2009, loaned KRW 4 billion to F on November 19, 2009, and E (representative G) guaranteed the F’s debt to the extent of KRW 6 billion.

F was unable to repay the above debt even after the maturity date of the loan agreement, and as of October 17, 2016, F is KRW 6,591,228,042 (i.e., principal amount of KRW 2,158,224,752, interest of KRW 4,43,03,03,290).

H on December 23, 2009, a joint and several surety credit for a loan made by December 23, 2009, loaned KRW 5 billion to H on December 23, 2009, and E provided a joint and several surety for the above loan debt of H within the limit of KRW 7.5 billion.

H fails to repay the above debt even after the maturity date of the loan agreement, and as of October 17, 2016, H is KRW 7,442,121,539 (i.e., principal amount of KRW 2,678,680,668,668).

On December 23, 2009, Defendant B loaned KRW 5.5 billion to Defendant B (one shareholder G) on December 23, 2009, and Party B guaranteed Defendant B’s debt to the extent of KRW 6 billion.

Defendant B failed to repay the debt upon the expiration of the maturity date of the loan agreement, and as of October 17, 2016, Defendant B’s amount to be repaid under the said loan agreement is KRW 8,217,336,056 (= Principal KRW 3,246,578,388).

I loaned KRW 6 billion to I on December 25, 2010, and March 14, 2011, respectively, for each loan, KRW 6 billion to I on December 25, 2010, and E guaranteed the obligation of the I to the extent of KRW 7.8 billion.

A loaned 360 million won to I on March 14, 2011, and E jointly and severally guaranteed the debt of I with the limit of 540 million won.

I fails to repay debts even after the expiration of each loan agreement, and as of October 17, 2016, I is obliged to repay under the above loan agreement. 6,768,237.

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