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(영문) 전주지방법원 2017.01.13 2015가합1306
구상금 및 사해행위취소
Text

1. As to KRW 275,286,261 and KRW 180,739,139 of the Plaintiff jointly and severally, Defendant limited liability companies A and B shall be jointly and severally liable to the Plaintiff.

Reasons

In fact, Defendant A limited liability company, including the credit guarantee agreement between the Plaintiff and Defendant A limited liability company, (hereinafter “Defendant A”), entered into a credit guarantee agreement with the following specifications (hereinafter collectively referred to as “each of the instant credit guarantee agreements,” and a part of which is classified as “the first guarantee agreement, etc.”) between the Plaintiff and the Defendant limited liability company, on each day specified in the column for the guarantee agreement as follows, and received loans from financial institutions as collateral in the following table:

At the time of each credit guarantee agreement, Defendant A, the representative director of Defendant A, guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the credit guarantee agreement, and Defendant B is a limited liability company E (former trade name: limited liability company G and limited liability company H) whose representative director was the representative director.

(1) At the time of the first and second guarantee agreement, Defendant A jointly and severally guaranteed the Plaintiff’s obligation pursuant to the first and second guarantee agreement. The first guarantee of the first guarantee of the guaranteed amount (cost) loans to financial institutions (source) loan termed on March 26, 2009, which is the date of the separate guarantee agreement, was extended on March 27, 2015 (which is later extended), Defendant Jeonbuk Bank Co., Ltd., Ltd., for the second guarantee of 50,000,000,000, and the second guarantee of 60,000,000,000,000,0000,000,000,000,000,0000,000,000 was extended on March 27, 2015 to the date of the repayment agreement between the Plaintiff and the 10,000,0000,000 average payment to the Plaintiff, respectively, and the amount of the Plaintiff’s repayment agreement as a credit guarantee payment agreement as extended from August 20, 13, 2013.

As a guarantee incident of each of the credit guarantee agreements of this case occurs, such as the occurrence of a guarantee accident and the subrogation of the Plaintiff, etc., around November 2014, the Plaintiff shall be subject to the said credit guarantee agreement.

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