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(영문) 서울고등법원 2015.11.05 2014나2027638
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. In order to secure the payment of the principal and interest of a loan made by A from the Industrial Bank of Korea, the Plaintiff changed the credit guarantee agreement made on February 7, 2007 with the credit guarantee principal of KRW 1.5 billion, the guarantee term of KRW 180 million with the credit guarantee term of KRW 180 million, and the guarantee term of KRW 26,000 on October 26, 2012 (hereinafter “the first credit guarantee agreement”); ② the credit guarantee agreement made on October 22, 2008 with the credit guarantee principal of KRW 1.5 billion, the guarantee term of KRW 1.5 billion with the credit guarantee term of KRW 268 billion, the guarantee term of KRW 200,000,000,000,000,000 won, and the credit guarantee agreement made on October 26, 2012 with the credit guarantee term of KRW 200,000,000,000,000.

The "third Guarantee Agreement" is referred to as the "Third Guarantee Agreement," and the "each Guarantee Agreement" in each of the above Guarantee Agreements is referred to as the "Third Guarantee Agreements."

B) According to each of the instant guarantee agreements, the Plaintiff shall pay interest on delayed payment calculated at the rate of 18% per annum prescribed by the Credit Guarantee Fund Act (i.e., from January 1, 1999 to May 31, 2005; 15% per annum from June 1, 2005 to November 30, 2012; 12% per annum from December 1, 2012 to December 1, 2012; 208.3 billion won per annum from the Industrial Bank of Korea as security; 30 million won per annum from the date of vicarious payment to the date of full payment; and 20 billion won per annum from the date of vicarious payment to the date of full payment.

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