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(영문) 광주지방법원 2014.12.18 2014가합52461
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with Sammmmmmm Co., Ltd. (Co., Ltd. prior to the alteration; hereinafter referred to as “Jmmmmmmmmmmmmmmmmmm Co.) on the payment of loans to the Industrial Bank of Korea as listed below.

(B) The credit guarantee agreement Nos. 1 through 6 under the following table Nos. 1 to 6 credit guarantee agreement of this case is the amount (unit: 1,275,000,000 on June 27, 2014 on the date of the credit guarantee term loan agreement No. 1 to 6 credit guarantee agreement of this case. 850,000,000 on June 29, 2014, June 27, 2014, small and medium enterprise loan Nos. 3085,60,000 on June 29, 2010 on June 29, 2010, 2000 on June 36, 2018, 200 on the Small and Medium Enterprise Facility Loan No. 4060, Jun. 360, 200,000 on June 30, 2018;

According to each credit guarantee agreement of this case, where Almmmm Co. failed to repay the above loan and the obligation to pay the price of goods on behalf of the Plaintiff, the Plaintiff agreed to pay on behalf of the Plaintiff the amount repaid as the performance of the guaranteed obligation and the damages for delay calculated at the rate of 12% as determined by the Plaintiff (12% per annum)

C. Defendant A and B jointly and severally guaranteed the obligation under the respective credit guarantee agreements in relation to the Plaintiff of Almmhemm Co. (hereinafter “instant indemnity obligation”) on the date of the above credit guarantee agreement.

On November 6, 2013, 2013, Dammmmmmhe filed an application for commencing rehabilitation procedures with the Gwangju District Court 2013 Mahap32, and received the rehabilitation decision on December 9, 2013, and the rehabilitation plan approval order on July 21, 2014, and the Industrial Bank of Korea notified the Plaintiff of the guarantee accident of Dommmmmmmmmmm. on November 25, 2013.

E. Accordingly, on February 5, 2014, the Plaintiff: (a) pursuant to each credit guarantee agreement of this case, the Industrial Bank of Korea was the first loan and interest of the said Table; (b) 1,292,610,719 won; and (c) 2.

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