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(영문) 서울중앙지방법원 2015.11.19 2013가합511201
사해행위취소
Text

1.(a)

On September 6, 2012, the agreement on the change of the right to collateral security entered into between the Defendant and B.

Reasons

1. Basic facts

A. 1) On May 29, 2009, the Plaintiff Co., Ltd. (hereinafter “C”) (hereinafter “C”)

As of May 28, 2010, between the credit guarantee principal and the credit guarantee principal, the credit guarantee agreement was concluded by setting the term of the credit guarantee principal as well as the credit guarantee term (hereinafter “credit guarantee 1”).

(2) The representative director B of C jointly and severally guaranteed the Plaintiff’s debt under the first credit guarantee agreement, and ③ pursuant to the first credit guarantee agreement, the Plaintiff issued the Industrial Bank of Korea’s future guarantee amount of KRW 1 billion and the credit guarantee amount of the surety C. (2) The Industrial Bank of Korea on May 29, 2009 set the due date of payment of KRW 1 billion to C based on the said credit guarantee agreement as the interest rate fluctuation rate.

3) After that, the Plaintiff finally extended the period of guarantee under the first credit guarantee to May 24, 2013, and notified this fact to the Industrial Bank of Korea. (b) On December 12, 2011, the Plaintiff concluded a credit guarantee agreement with C by setting the principal of the credit guarantee as 493 million won, the period of credit guarantee as 12 December 2012, 2012 (hereinafter “second credit guarantee agreement”); (ii) the Plaintiff jointly and severally guaranteed the obligation under the second credit guarantee agreement with C; and (iii) the Plaintiff issued the Industrial Bank of Korea’s guarantee amount to 493 million won, and the principal of the credit guarantee amount to C pursuant to the second credit guarantee agreement with C.

2) On December 16, 201, the Industrial Bank of Korea established and extended a loan of KRW 580 million to C on December 12, 2012 on the basis of the foregoing credit guarantee statement. Pursuant to Articles 1 and 10 of the Credit Guarantee Agreement, the terms of the Credit Guarantee Agreement 1, 2000 and Article 10 of the Credit Guarantee Agreement, when the Plaintiff fulfilled a credit guarantee obligation, C and the joint guarantor compensates for, transfer and exercise of the rights acquired through the performance of the credit guarantee obligation, the amount of the Plaintiff’s performance of the guaranteed obligation, the amount of delay calculated by the rate and calculation method determined by the Plaintiff from the date of repayment to the date of repayment

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