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(영문) 서울중앙지방법원 2016.10.14 2016가합509919 (1)
사해행위취소
Text

1. As to each real estate listed in separate sheet 1 to 3:

A. On October 1, 2015, between Defendant F and B.

Reasons

1. Facts of recognition;

A. Of December 13, 2012 ( December 11, 2015), the guaranteed principal (amount changed) as of the date of concluding a credit guarantee agreement and the date of the joint and several guarantee agreement (amount changed) and the guarantee term (amount changed due to the final change) and KRW 170,000,000 on December 14, 201 (amounting to 152,000,000) (amounting to 152,00,000 on December 11, 2015) of the instant credit guarantee agreement (amounting to 104,00,000 won) on May 8, 2013 (amounting to 104,00,000) of the credit guarantee agreement including the date of the instant secondary credit guarantee agreement, Article 6 (1) of the credit guarantee agreement including the date of the instant credit guarantee agreement, in which case the Plaintiff and the joint and several surety bear no amount of the Plaintiff’s debt:

(b)

1. Where he/she violates Article 5;

9. When a plaintiff has been notified of the occurrence of a cause for non-performing credit guarantee or requested to discharge a guaranteed obligation by a creditor among creditors of credit guarantee under this Agreement and other creditors of credit guarantee, Article 10 (Scope of Repayment) (1) When the plaintiff has discharged a guaranteed obligation, A and joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

(b)

1. Performance amount of the surety obligation;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. Unpaid guarantee fees, delayed guarantee fees, and penalty 1) A (hereinafter referred to as “A”)

The following credit guarantee agreements with the Plaintiff (hereinafter referred to as “each of the credit guarantee agreements of this case”).

(2) On December 14, 201, A’s representative director B, and B’s ASEAN respectively signed a credit guarantee agreement, and B, on May 9, 2012, jointly and severally and severally guaranteed A’s obligations under the instant secondary credit guarantee agreement.

B. Loans A under credit guarantee shall be KRW 200,000,000,000 as security, and KRW 140,000,000,000,000,000,000,000,000,000,000,000,000,000,000 as security under the credit guarantee agreement of this case from the Industrial Bank of Korea for small and medium enterprise funds

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