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(영문) 서울중앙지방법원 2016.06.01 2015가합559528
사해행위취소
Text

1. The Plaintiff:

A. Defendant A, C, and D are jointly and severally and severally 620,006,093 won and 373,252,051 won among them.

Reasons

1. Basic facts

A. 1) The Industrial Bank of Korea is Defendant A Co., Ltd. (hereinafter “Defendant A”).

2) Defendant D Co., Ltd. (hereinafter “Defendant D”)

A) A loan was implemented as indicated below with Defendant A and D at the time of the execution of each of the above loans, and the Plaintiff entered into a credit guarantee agreement with Defendant A and D as listed below (hereinafter “each of the credit guarantee agreements of this case”).

(2) According to each credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the client agreed to reimburse the amount of the guaranteed obligation, the amount of the damages at the interest rate determined by the Plaintiff, and the expenses incurred in the enforcement and preservation of the Plaintiff’s claim for reimbursement.

3) At the time of the conclusion of each credit guarantee agreement of this case, Defendants B, C, and D were jointly and severally and severally liable for all the obligations under the said credit guarantee agreement against the Plaintiff by Defendant B, C, and D as indicated below. The debt amount under the said credit guarantee agreement against the Plaintiff by Defendant D is KRW 60,000,000 from June 12, 2006 to June 12, 2006 to KRW 182,40,000,000 to KRW 64.6,000,000 to June 11, 2007 (the extension to KRW 6.6,50,000,000,000 won from June 12, 2006 to KRW 6.6,506,000,000,000 won from KRW 6.6,506,000,000 from June 12, 2006).

B. From around August 2014, Defendant D had been in arrears with the payment of the principal and interest of loans to the Bank of Korea. On October 10, 2014, Defendant A and D had an accident of guarantee stipulated in the respective credit guarantee agreements against Defendant A and D.

C. 1 The Plaintiff is based on a credit guarantee agreement concluded on December 3, 2014, with a deposit under the first credit guarantee agreement and the second credit guarantee agreement concluded on December 3, 2014.

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