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(영문) 인천지방법원 2018.06.28 2017가단226697
사해행위취소
Text

1. As to KRW 40,824,420 and KRW 40,597,194 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from June 12, 2017 to September 4, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability to facilitate the financing of the enterprise and by establishing sound credit order through efficient management and operation of credit information.

B. Defendant A requested the Plaintiff to provide a credit guarantee for the purpose of securing the repayment of the principal and interest of loan in receiving a loan from the Bank of Korea (hereinafter “Nonindicted Bank”). On September 16, 2010, the Plaintiff changed the term of the credit guarantee to September 8, 2017, between Defendant A and Defendant A, the amount of KRW 42,50,000, out of the amount that Defendant A wishes to obtain from a bank, into the credit guarantee principal, and the term of the credit guarantee agreement between September 16, 201 and September 15, 201 (hereinafter “the credit guarantee agreement in this case”). The credit guarantee agreement was concluded on September 16, 2010, the credit guarantee certificate (Guarantee Number: D) was issued to Nonparty bank, and finally, the guarantee principal was changed to KRW 40,00,000, and the term of the guarantee was changed to September 8, 2017, respectively.

C. At the time of the instant credit guarantee agreement, Defendant A agreed to pay the Plaintiff the principal and interest of the instant credit guarantee agreement and damages at an interest rate set by the Plaintiff within the scope of 25% per annum under Article 35 of the Credit Guarantee Fund Act. The Plaintiff agreed to pay the Plaintiff the principal and interest of the instant credit guarantee agreement, and the expenses incurred in the enforcement and preservation of the instant credit guarantee agreement paid by the Plaintiff in lieu of the Plaintiff, as well as in the legal procedure therefor, and delay damages arising from the rate and calculation method set by the Plaintiff. The Plaintiff agreed to pay the Plaintiff’s interest rate of 18% per annum from January 1, 1999 to May 31, 2005, 15% per annum from the next day to November 30, 2012, 12, 12% per annum from the next day to January 31, 2016, and 10% per annum from the next day to the next day.

The defendant A secured the above guarantee from the non-party bank on September 27, 2010.

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