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(영문) 서울중앙지방법원 2018.12.06 2016가단5304211
사해행위취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant extended a loan to C Co., Ltd. (hereinafter “C”) on eight occasions as follows (hereinafter “instant loan”); B, upon taking office as the representative director of C around July 2014; and on August 1, 2014, the Defendant jointly and severally guaranteed the instant loan amounting to KRW 9,265,927,000 as follows.

5. Loans for joint and several sureties 20.40 on March 6, 2009: 80,000,000,000 joint and several sureties 25,000,000 on March 14, 2010; 87,890,000 for joint and several sureties 3,00 on December 20, 200, 2005, 2005,000 for the loans for facilities of 0.4; 1.00,000,000 for 10,005,005,00 for 10,005,000 for 10,000 for 10,000 for 10,000 for 100,000 for 10,000 for 10,000 for 4,00 for 20 local sureties 200,5,205;

B. In order to secure the instant loan obligation, C entered into a security agreement with the Defendant as follows (hereinafter “instant security agreement”) and a mortgage agreement (hereinafter “instant security agreement”) respectively.

(1) The secured loan obligation under the name of the funds for industrial accident prevention facilities. (2) The secured object: C-WCP-60) 5: The secured limit: 174 million won on December 20, 2012.

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