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(영문) 광주지방법원 2015.11.26 2014가합50922
사해행위취소
Text

1. The Plaintiff:

A. As to KRW 176,096,045 and KRW 45,451,836 among them, Defendant A shall be from October 31, 2013, and KRW 128,98.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several sureties agreement. The Plaintiff is Defendant A and Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) As indicated below, each credit guarantee agreement of this case (hereinafter referred to as “each credit guarantee agreement of this case”) shall be

(2) Defendant A, the representative director of the Defendant Company, jointly and severally guaranteed the Plaintiff’s liability for indemnity based on the No. 3 of the credit guarantee agreement of this case. Defendant A, the representative director of the Defendant Company, jointly and severally guaranteed the Plaintiff’s liability for indemnity based on the No. 38,250,00 among the credit guarantee agreements of this case. On November 15, 2009, Defendant A, the final guarantee date for the execution date of the final guarantee agreement of the obligor, the execution date of the final guarantee agreement, Defendant A, the execution date of the credit guarantee agreement of this case, Defendant A, the execution date of the obligation to compensate the Plaintiff for the expenses incurred by subrogation and the performance date of the obligation to compensate for the damages incurred by the Plaintiff on November 24, 2011, Defendant A, the performance date of each of the credit guarantee agreements of this case, the performance date of the obligation to compensate for the expenses incurred by the Plaintiff, the performance date of the obligation to compensate for the damages incurred by subrogation and the Plaintiff by November 22, 2013.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A and the Defendant Company provided each of the instant credit guarantee agreements, and received a loan from Gwangju Bank and the National Bank of Korea. On November 16, 2013, Defendant A delayed payment of principal, suspended business operations for at least three months until October 29, 2013. On November 201 and December 2013, 2013, the Plaintiff caused a credit guarantee accident that would lose the benefit of time due to the closure of business by the Defendant Company. (2) Under each of the instant credit guarantee agreements, the Plaintiff made a payment by subrogation in accordance with the following table, and the credit preservation expenses and penalty arising from each of the said credit guarantee agreements are set forth below.

The date of the subrogation by the guaranty number.

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