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(영문) 인천지방법원 2016.12.23 2015가합60012
사해행위취소
Text

1. Defendant A’s year from October 16, 2015 to January 6, 2016, with respect to KRW 264,920,69 among the Plaintiff and KRW 264,920 among them.

Reasons

1. Basic facts

A. The Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a credit guarantee agreement and loan 1) on June 30, 2010.

In addition, D’s principal of the guaranteed principal shall be the credit guarantee agreement between June 30, 201 and June 29, 201 (hereinafter “Agreement”) providing a credit guarantee agreement between June 30, 201 and June 29, 201 to secure the repayment of the principal and interest of the loan in obtaining a loan from the Industrial Bank of Korea.

(1) Around July 19, 2010, D submitted a credit guarantee statement issued by the Plaintiff to the Industrial Bank of Korea pursuant to the Agreement, and received a loan of KRW 218,120,00 from the Industrial Bank of Korea. Since the Agreement was subsequently changed on June 29, 201 to June 29, 2012, the term of the guarantee principal was changed to 170,000,000, and the term of the guarantee was 10,000,000,000,000 or less until June 28, 2012; the term of the guarantee was 20,000,000,000 or less from June 10, 2013 to June 26, 2014 (the term of the guarantee agreement was extended to 10,010,000 or less from the Industrial Bank of Korea to June 26, 2015).

On October 17, 2011, the Plaintiff submitted to the Industrial Bank of Korea a credit guarantee certificate issued by the Plaintiff pursuant to the Agreement, and received a loan of KRW 100,000,000 from the Industrial Bank of Korea.

Since then, the second arrangement was extended by October 9, 2012 by the due date of guarantee on October 11, 2013, by the due date of guarantee on October 10, 2013, by the due date of guarantee on October 10, 2013, and by October 8, 2014, respectively, by the due date of guarantee on October 8, 2014.

3 D at the time of the conclusion of the first and second agreements with the Plaintiff, ① in the event that the Plaintiff performed the guaranteed obligation based on the credit guarantee agreement, the Plaintiff agreed to pay the principal and interest on the payment thereof and damages at an interest rate set by the Plaintiff within the limit of 25% per annum under Article 35 of the Credit Guarantee Fund Act. The interest rate set by the Plaintiff from January 1, 199.

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