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(영문) 서울중앙지방법원 2017.06.22 2016가합559662
사해행위취소
Text

1. As to KRW 329,273,411 and KRW 329,272,756 among the Plaintiff, Defendant A Co., Ltd., from December 14, 2015 to January 14, 2016.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff Company A (hereinafter “A”)

On February 17, 2012, the principal of the credit guarantee was changed to KRW 170,000,000 (the former principal of the guarantee was changed to KRW 148,000,000).

(B) From February 17, 2012 to February 15, 2013, the guarantee period was changed from February 17, 2012 to February 12, 2016.

i)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”)

Defendant A entered into a credit guarantee agreement with the aforementioned content as security, and Defendant A entered into a bank on February 17, 2012 (hereinafter referred to as “Korea bank”).

2) The loan of KRW 200 million from the company to the company’s general financing loan (hereinafter “instant first loan”).

(2) On May 8, 2013, the Plaintiff entered into a credit guarantee agreement between Defendant A and the credit guarantee principal of KRW 187 million and the credit guarantee period from May 8, 2013 to May 7, 2018 (hereinafter “credit guarantee agreement of this case”). The Defendant A obtained a loan of KRW 220 million from the Bank of Korea for the purpose of corporate general financing loans (hereinafter “credit guarantee agreement of this case”) as security on May 9, 2013.

3) According to each credit guarantee agreement of this case, in the event that the Plaintiff performed the guaranteed obligation, Defendant A shall pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, ① damages for delay, ② expenses incurred in the performance of the guaranteed obligation, ③ expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ③ insurance premium paid by the Plaintiff on behalf of the Plaintiff, and expenses incurred in the execution, preservation, exercise, and legal procedure of the bond under this agreement. (B) On October 15, 2015, the Plaintiff received notification of a credit guarantee accident from the Bank of Korea as to each of the instant loans of this case from Defendant A.

Accordingly, the Plaintiff is each of the instant cases.

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