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(영문) 광주지방법원 2015.05.14 2013가합54934
사해행위취소
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd and Defendant E, jointly and severally KRW 202,762,415 and KRW 187,809,039.

Reasons

1. Basic facts

A. 1) The Plaintiff is Defendant A Co., Ltd. (formerly: H; hereinafter “Defendant Company”).

(3) On April 16, 2010, the Defendant Company entered into a credit guarantee agreement with the Korea Steel Corporation (hereinafter “Korea Steel Corporation”).

(1) On the other hand, Defendant C, E, and the network I provided a credit guarantee as listed below with respect to the electronic commerce contract, and Defendant C, E, and the network I provided a joint and several guarantee for the said credit guarantee. (unit) The amount of the loan extended on the date of guarantee of the principal debtor’s primary debtor’s primary debtor’s guarantee as the amount guaranteed on the date of guarantee of the principal debtor’s primary debtor’s primary debtor’s primary debtor’s guarantee, J. C, E, and Nonparty Party C-16, 201-04-15, 350,000/350,000 as the aggregate amount was extended twice, and the guarantee period was finally changed to KRW 30,000,000.

3) In the event that the Defendant Company failed to discharge the principal obligation and the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to pay ① the amount paid by the Plaintiff for the guaranteed obligation and damages for delay calculated by the rate set by the Plaintiff from the date of performance to the date of full payment, ② if the Defendant Company fails to discharge the obligation within the term, penalty calculated by adding 0.5% to the prescribed rate of guarantee from the date following the date following the date of performance of the obligation to pay the amount of the obligation to pay the unpaid obligation within the term, ③ all legal procedural expenses incurred by the Plaintiff for the enforcement of the obligation to reimburse the amount of indemnity. 4) The rate of damages for delay determined by the Plaintiff in the credit guarantee agreement as above is 12% per annum from April

B. Although the Defendant Company entered into a contract for goods supply with Korea Steel as collateral for the occurrence of a credit guarantee accident and subrogation, it was not able to pay the principal, part of the principal and interest in arrears from September 2012, and Korean Steel on April 8, 2013.

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