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(영문) 광주지방법원목포지원 2014.05.01 2013가합10395
사해행위취소
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 136,390,146 and their related thereto.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a credit guarantee agreement with the Plaintiff six times from September 16, 2005 to September 14, 2012, and received the relevant amount of loans from the Plaintiff upon submitting a credit guarantee agreement issued by the Plaintiff to the Industrial Bank of Korea. In this case, Defendant B, C, and C Heavy Industries Co., Ltd. (hereinafter “instant Heavy Industries”), and D jointly and severally guaranteed all obligations, such as indemnity obligations, owed to the Plaintiff under the respective credit guarantee agreement.

In addition, on June 10, 2008, Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into a credit guarantee agreement with the Plaintiff on two occasions, and received the corresponding amount in the course of submitting the credit guarantee certificate issued by the Plaintiff to the Industrial Bank of Korea. In this case, Defendant F, B, A, C, and G jointly and severally guaranteed all obligations, such as reimbursement obligations, owed by Defendant E to the Plaintiff under the respective credit guarantee agreement.

Detailed details of each credit guarantee agreement concluded between the Plaintiff, Defendant A, and Defendant E are as follows:

The principal debtor in No. 1 or No. 7 or 8 of the table 1 through No. 6 pursuant to the sequence 1 through No. 840: Defendant E: The amount guaranteed by Defendant E on September 16, 2005, which is a joint and several surety (the amount shall be changed to KRW 90,000,000) for 450,000,000 on September 15, 2013 (the amount shall be changed to KRW 90,000,000) for 1,360,00,000,000 won for 1,240,000,000 won for 20,000 won for 1,000,000 won for 30,000,000 won for 4,0000 won for 5,000,000 won for each of Defendant C; and

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