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(영문) 광주지방법원목포지원 2015.12.18 2014가합13131
사해행위취소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 203,236,689 and KRW 202,096,159, as to the Plaintiff’s KRW 202,09.

Reasons

1. Indication of claim;

A. In order to obtain a loan of KRW 235,00,000 from the bank on December 4, 2012, the Defendant Limited Company A (hereinafter “Defendant Company”) issued a credit guarantee agreement with the Plaintiff upon requesting the Plaintiff to provide the said guarantee (hereinafter “the instant credit guarantee agreement”), and submitted the credit guarantee agreement with the Plaintiff as of December 3, 2013, to the lower branch of the National Bank of Korea (hereinafter “National Bank”), and received a loan of KRW 235,00,000,000 from the Plaintiff as of December 3, 2013, and thereafter, the said guarantee period was extended by December 3, 2014 upon requesting the Plaintiff to change the credit guarantee conditions.

B. In entering into the instant credit guarantee agreement with the Plaintiff, the Defendant Company: (a) in the event that the Plaintiff is a guarantor due to the Plaintiff’s failure to repay the above loans to the National Bank; (b) in the event that the Defendant Company pays the amount of the Plaintiff’s repayment; (c) expenses incurred in preserving, transferring, and exercising the Plaintiff’s rights due to the Plaintiff’s performance of the guaranteed obligation; and (d) expenses incurred in the execution, preservation, and exercise of the insurance premiums and claims; and in legal procedures therefor; (c) in the event that the Plaintiff pays the guarantee fee to the extent permitted by law; and (d) in the event that the payment is excessive, the unpaid guarantee fee and late payment is determined to be made; and (e) Defendant B, the representative director of the Defendant Company, the Defendant Company, as a joint and several surety under the instant credit guarantee agreement, made payment for all obligations such as the indemnity

C. On the other hand, the defendant company will pay the loan transaction agreement that was concluded with the Korean bank by deeming the benefit of time to be lost and all obligations to have arrived at.

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