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(영문) 광주지방법원 2015.11.06 2015가합55948
사해행위취소
Text

1. The Plaintiff:

A. Defendant A and B jointly share KRW 1,169,058,391 and 650,950,964 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on April 19, 2007, as Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) As to the loan of KRW 440,000,000 from the Gwangju Bank, the Defendant Company’s credit guarantee terms for KRW 374,00,000 among them are set by the due date for April 18, 2012 (hereinafter “credit guarantee agreement of the instant case”).

The contract was concluded, and thereafter, the guaranteed amount was changed to 218,874,150 won, and the guaranteed period was changed to April 18, 2017.2) On December 12, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the Defendant Company, setting the term of guarantee to 504,000,000 won as of December 11, 2009, when the Defendant Company borrowed 560,000 won from the Gwangju Bank, and then the said agreement was changed to 476,00,000,000 won, and the term of guarantee was changed to December 5, 2014.

3) On September 24, 2010, when the Defendant Company borrowed KRW 500,00,000 from the Industrial Bank of Korea from the Industrial Bank of Korea, the Plaintiff agreed to provide a credit guarantee (credit certificate G) agreement (hereinafter “credit guarantee agreement”) with respect to KRW 400,00,000 among them until September 23, 2011 (hereinafter “instant third credit guarantee agreement”).

(4) The Plaintiff concluded a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the maturity of 162,00,000 among the Defendant Company’s loans of 180,000,000 won from the Industrial Bank of Korea on September 21, 2011, and concluded a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the maturity of 162,00,000 won until September 20, 2012, the said agreement was later changed to 153,00,000 won, and the term of guarantee was respectively changed to September 17, 2015.

5. The Defendant Company does not perform its obligations of loans under the Credit Guarantee Agreement from Nos. 1 to 4 of this case.

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