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(영문) 서울중앙지방법원 2017.09.21 2016가합574562
사해행위취소
Text

1.(a)

A sales contract concluded on January 22, 2016 between Defendant A and C with regard to the real estate stated in attached list No. 1.

Reasons

1. Basic facts

A. On April 6, 2012, the Plaintiff of a credit guarantee agreement and a credit guarantee agreement under Article 1 (1) of the Credit Guarantee Agreement is limited to D Co., Ltd. (hereinafter “D”).

(B) In addition, a credit guarantee agreement providing a credit guarantee agreement with respect to the repayment obligation of a general loan of KRW 5.5 million that D is scheduled to obtain a loan from a new bank Lone Star Financial Center (hereinafter referred to as the “credit guarantee agreement of this case”) for a period fixed by the Plaintiff as of April 3, 2015, by the guarantee period of KRW 45.5 million (90%) and April 3, 2015 (hereinafter referred to as the “guarantee 1”).

After the conclusion of the contract, each of the above coverage amount and guarantee period was changed to KRW 45 billion, April 1, 2016, respectively.

(2) On the same day, D was granted a loan of KRW 50 million from a new bank using a credit guarantee instrument issued pursuant to the credit guarantee agreement of this case. At the time of the above credit guarantee agreement, D agreed to reimburse the Plaintiff of the amount of the performance and the amount of damages calculated at the rate of delay damages (including 10% per annum) set by the Plaintiff from the date of repayment of the guaranteed obligation until the date of repayment of the guaranteed obligation, and C jointly and severally guaranteed all the obligations that D bears to the Plaintiff pursuant to the credit guarantee agreement of this case. 2) The credit guarantee agreement of Article 2 of the Credit Guarantee Agreement provides that the Plaintiff shall set the guarantee amount of KRW 2.9 billion and the guarantee amount of KRW 45 billion after the date of repayment of the guaranteed obligation of KRW 2.9 billion, and the guarantee amount of KRW 2.45 billion after the date of the above credit guarantee agreement with the E Bank.

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