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(영문) 울산지방법원 2015.04.02 2013가합16677
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s credit guarantee agreement and loan 1) around November 2007, the Plaintiff is a non-party smoked oil company (hereinafter “non-party company”) (hereinafter “non-party company”).

B) As between the Non-Party Company’s loan from the Busan Bank’s Busan Bank’s Ulsan Business Department, the amount guaranteed is KRW 85,00,000,000 and the term of guarantee is November 13, 2008 (hereinafter “Agreement 1”).

(2) On November 13, 2007, the non-party Co., Ltd obtained a credit guarantee certificate under the above credit guarantee agreement from the Plaintiff and obtained a loan of KRW 100,000,000 from the Busan Bank Ulsan Business Department as collateral.

3) The Plaintiff between the non-party company and the non-party company around November 2007. The Plaintiff’s credit guarantee agreement between the non-party company and the non-party company on the guarantee amount of KRW 114,80,000 and the guarantee period of November 14, 2008 (hereinafter “the second agreement”).

(4) On November 15, 2007, the non-party Co., Ltd obtained a credit guarantee under the above credit guarantee agreement from the Plaintiff and obtained a loan of KRW 100,000,000 from an enterprise bank as security, from the non-party Co., Ltd.

5) Meanwhile, at the request of the non-party company, the term of guarantee under the First Agreement was extended by November 9, 2012, and the term of guarantee under the Second Agreement was extended by November 8, 2013. 6) The Plaintiff concluded a credit guarantee agreement between the non-party company and the non-party company on November 1, 2012, whereby the guarantee period under the First Agreement is extended by 85,00,000 won, and the term of guarantee was extended by November 13, 2013 (hereinafter “third Agreement”). The non-party C guaranteed the repayment obligation that the non-party company is to bear to the Plaintiff on the same day in accordance with the said agreement.

7 The non-party company shall make a credit guarantee under the third agreement to the Busan Bank.

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