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(영문) 서울중앙지방법원 2017.04.25 2014가합531967
사해행위취소
Text

1. The obligation to provide loans as stated in the separate sheet between the defendant and the corporation B is secured.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) B Co., Ltd. (hereinafter “Co., Ltd.”) (hereinafter “Co., Ltd.”) decided to accept USD 5,000,000 in total face value of the bonds issued by the Plaintiff on October 206, 2006, and the payment date on October 4, 2006, from November 16, 2006 to September 4, 2009, the conversion claim period from November 16, 2006, and the maturity date on October 4, 2009, with the maturity rate of 3%, issued bearer overseas convertible bonds 43 times with the maturity interest rate of 3%. 2) The Plaintiff issued B Co., Ltd.’s issuance of the above convertible bonds with the acquisition price of USD 9,00,00 in total face value of the bonds issued by the Plaintiff, and the payment order of B Co., Ltd. was an overseas holder who paid the acquisition price of B Co., Ltd. to the Plaintiff.

B. B’s joint and several guarantee agreement and issuance of promissory notes 1) On September 21, 2009, the Korea Mutual Savings Bank concluded a credit transaction agreement with C on September 21, 2009 with a credit discount bill, credit limit amounting to 2.8 billion won, the expiration date of the credit, interest rate of 14% per annum, and damages for delay at 25% per annum (the credit limit amount and the payment deadline are freely made available for loans and reimbursement within the transaction period).

The credit transaction agreement of this case is referred to as "the credit transaction agreement of this case"

(2) On September 21, 2009, Section B entered into an agreement with B on September 21, 2009 on the condition that all obligations, such as credit transactions, credit transactions, guarantee for credit transactions, and bills and checks, etc. incidental to credit transactions, which are currently and future, shall be jointly and severally guaranteed within the limit of KRW 3.64 billion (hereinafter “instant joint and several guarantee agreement”), and on November 7, 2009, a bill number D, a bill amount of KRW 2.2 billion, and a promissory note (hereinafter “instant promissory note”) issued on June 15, 2010, and delivered them to C pursuant to the instant credit transaction agreement. C shall be subject to the instant credit transaction agreement.

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