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(영문) 인천지방법원 2016.07.15 2015가합59340
사해행위취소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 242,917,02 and KRW 242,916,515 among them, respectively.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability to facilitate the financing of the enterprise and by establishing sound credit order through efficient management and operation of credit information.

B. On June 16, 2015, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd.”) received a loan from one bank (hereinafter “one bank”), and on the same day, the Plaintiff and the Defendant Co., Ltd. issued a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) under the credit guarantee agreement between June 16, 2015 and December 15, 2015, to secure the repayment of the principal and interest of loan.

At the time of the instant credit guarantee agreement, Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff.

C. On June 16, 2015, Defendant Company submitted the credit guarantee certificate to Han Bank as security and borrowed KRW 285,000,000 from Han Bank.

On June 9, 2015, the Defendant Company suffered a credit guarantee accident (hereinafter “the instant credit guarantee accident”) around July 24, 2015, such as being subject to provisional attachment execution from one card company with respect to the land and above ground buildings in Seo-gu Incheon, Seo-gu, Incheon, a place of business. Accordingly, the Defendant Company lost the benefit of time for the loans of Han Bank.

Accordingly, on September 24, 2015, Han Bank filed a claim with the Plaintiff for the performance of the guaranteed obligation under the credit guarantee agreement, and on September 24, 2015, the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case by paying the principal amount of interest (= principal amount of KRW 242,250,000 + interest2,210,116) with the Defendant Company in arrears to Han Bank.

(e) the defendant.

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