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(영문) 서울중앙지방법원 2017.10.26 2016가합552982
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 470,395,845 and KRW 180,627,836 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on August 16, 2016.

Reasons

1. Facts of recognition;

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

Between June 12, 2015, the credit guarantee principal of KRW 180 million and the credit guarantee period from June 12, 2015 to June 10, 2016 (the guarantee period was changed thereafter to December 9, 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 at that time, Defendant A’s National Bank (hereinafter “National Bank”).

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

(2) On July 6, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) between Defendant A and Defendant A with the credit guarantee principal of KRW 285 million, and the credit guarantee period from July 6, 2015 to July 5, 2016 (the guarantee period was changed to January 5, 2017) (hereinafter “the credit guarantee agreement of this case”). Defendant A obtained a loan of KRW 300 million (hereinafter “loan of this case”) from Han Bank (hereinafter “I Bank”) as collateral for the said credit guarantee agreement of this case.

3) At the time of the conclusion of each of the credit guarantee agreements in this case, Defendant A, the representative director of Defendant A, jointly and severally guaranteed all the indemnity obligations owed by Defendant A to the Plaintiff pursuant to each of the credit guarantee agreements in this case. 4) According to each of the credit guarantee agreements in this case, when the Plaintiff performed the guaranteed obligations, Defendant A shall pay to the Plaintiff, ① the amount paid by the Plaintiff for the performance of the guaranteed obligations, ② damages for delay by the rate determined by the Plaintiff, ② the expenses incurred in the performance of the guaranteed obligations, ② the expenses incurred in the preservation, transfer and exercise of the rights acquired by the performance of the guaranteed obligations, ③ the premium paid by the Plaintiff

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