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(영문) 춘천지방법원원주지원 2016.05.19 2015가단33211
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing in order to guarantee corporate debt which lacks security capability.

B. 1) The Plaintiff entered into a credit guarantee contract (hereinafter “D”) on June 27, 2008.

B) Between June 27, 2008 and June 26, 2009, D entered into a credit guarantee contract with the content that it would provide credit guarantee for the original limit of KRW 170,000,000 for the obligation to be borne by D during the period from June 27, 2008 to June 26, 2009. The E (representative director), C, and F Co., Ltd. (representative director C) jointly and severally guaranteed the obligation to the Plaintiff under the said credit guarantee contract. (2) The Plaintiff entered into a credit guarantee contract with D on November 30, 2009 to provide credit guarantee for the original limit of KRW 475,00,000 for the obligation to be borne by D during the period from November 30, 2009 to November 29, 2010.

E, C, F Co., Ltd. (Representative Director C), and G Co., Ltd. (Representative Director H) have jointly and severally guaranteed the debt of D against the plaintiff under the above credit guarantee contract.

3) On June 22, 2012, the Plaintiff entered into a credit guarantee agreement with D, between June 22, 2012 and June 21, 2013, with the content that D would provide credit guarantee for the obligation of KRW 640,00,000 for the original ceiling to be borne by D during the period from June 22, 2012 to June 21, 2013. E, F Co., Ltd (Representative C), and G (Representative H) jointly and severally guaranteed the obligation of D to the Plaintiff based on the said credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).

(C) D’s loan and Plaintiff’s guarantee 1) The Plaintiff provided a credit guarantee for the obligation to return KRW 170,000,000 out of the above loan, in accordance with the credit guarantee contract dated June 27, 2008, when D borrowed KRW 200,000 from the Gangwon-gu Enterprise Finance Branch of the National Bank.

2 The Plaintiff is from the point of origin of a national bank in accordance with the credit guarantee agreement of November 30, 2009.

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