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(영문) 서울중앙지방법원 2016.12.13 2016가합511691
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 641,932,810 and KRW 363,129,730 among them, Defendant A and B shall be jointly and severally constituted against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”)

(2) The credit guarantee agreement of this case (hereinafter referred to as “each of the credit guarantee agreements of this case”) as described below.

(2) Defendant B jointly and severally guaranteed the Plaintiff’s obligation under the respective credit guarantee agreements in this case. The contents of each credit guarantee agreement in this case include D 270,000,000 90% on November 17, 2014, 2015, 2000% of foreign exchange banks 2 E 360,000,000 on November 17, 2015, 2009 on November 17, 2014, and the amount of each credit guarantee agreement in this case is the amount paid by Defendant A to the Plaintiff under the respective credit guarantee agreements in subrogation and interest rates as determined by the Plaintiff, penalty, expenses incurred in the performance of guaranteed obligation, expenses incurred in the preservation, transfer and exercise of rights, etc.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A provided each of the credit guarantee agreements of this case to Korea Exchange Bank (hereinafter “Korea Exchange Bank”)

30 million won from our bank (hereinafter referred to as “Korea bank”)

() Each loan was granted KRW 400 million from the foreign exchange bank; on August 3, 2015, with respect to the foreign exchange bank; and on August 13, 2015, with respect to the Korean bank, the credit guarantee accident that has lost the benefit of each time period was caused. 2) The Plaintiff subrogated for KRW 363,129,730 to the Korean bank on December 2, 2015 in accordance with the respective credit guarantee agreements in this case; and KRW 274,439,553 to the foreign exchange bank on December 29, 2015; penalty was paid KRW 606,570 for the instant credit guarantee agreement; KRW 276,160 for the instant credit guarantee agreement; and KRW 3,480,797 for the claims preservation expenses incurred under each of the aforementioned credit guarantee agreements.

C. Defendant B’s act of disposal of the property and at the time, Defendant B’s self-sufficiency status 1) on June 30, 2015 (hereinafter “Defendant Party”).

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