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(영문) 서울중앙지방법원 2018.06.12 2016가단5206713
구상금 및 사해행위 취소 등
Text

1. Of the instant lawsuit, the part concerning the claim for the cancellation of a contract for the transfer of confirmed bonds between Defendant C and D as of February 22, 2016 shall be dismissed.

2...

Reasons

1. On January 29, 2015, the Plaintiff’s basic facts between Defendant Company A (hereinafter “Defendant Company”) and Defendant Company A (hereinafter “Defendant Company”), on or after January 28, 2015, with respect to KRW 100 million of a company’s general loan that the Defendant Company would receive from the Bank of Korea, the guaranteed amount of KRW 9 million, and the guaranteed period.

6. A credit guarantee agreement was concluded on 30.30., and Defendant B jointly and severally guaranteed the obligation for indemnity to be borne by the Plaintiff by the Defendant Company pursuant to the said credit guarantee agreement. According to the said credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendants are obligated to pay to the Plaintiff the amount of performance and damages calculated at the rate of 10% per annum from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, as well as penalty, substitute payment, etc. In addition, the occurrence of an accident arising from the registration of credit management information (including national taxes) on February 1, 2016 after the Plaintiff obtained a loan from the Bank as a security for the said credit guarantee, and the Plaintiff paid 91,421,854 won to the Bank on July 21, 2016. Meanwhile, the Plaintiff concluded a mortgage transfer contract with Defendant B on 20.20 million won prior to the date of assignment of the assigned collateral (hereinafter “the assigned maximum debt amount”) and the assigned collateral amount was finalized between Defendant B and Defendant C16.205 billion won.

Attached Form

As a result of the process of compulsory auction for each real estate recorded in the list to Seoul Eastern District Court E, the instant collateral security registration was cancelled on December 27, 2016, and on February 3, 2017, the distribution schedule is to distribute money to Defendant D, a collateral security (mortgage).

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