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(영문) 수원지방법원 안산지원 2018.08.28 2017가단57878
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”) is limited to a credit guarantee agreement and loan agreement.

(3) As indicated below, each credit guarantee agreement of this case is referred to as “the first credit guarantee agreement” and “the second credit guarantee agreement” as set out in the credit guarantee agreement (the first credit guarantee agreement set out in Nos. 1 and 2 below), and is referred to as “each credit guarantee agreement of this case.”

(1) Upon the conclusion of each of the instant credit guarantee agreements, B, the representative director of C, jointly and severally guaranteed all the obligations owed to the Plaintiff by C pursuant to each of the instant credit guarantee agreements. The performance of each of the instant credit guarantee agreements between D, March 24, 2011 and D, March 23, 2012 (Extension until March 17, 2017), 45 million won (change 42,500,000) from March 27, 2012, E, April 27, 2012 to April 26, 2013 (Extension until April 21, 2017), and the amount of each of the instant agreements, 90,000 won (amended to KRW 85,00,000,000) incurred by the Plaintiff as the performance of the guaranteed obligations, and the amount of each of the instant agreements, as well as damages for delay, calculated by the Plaintiff’s exercise of the guaranteed obligations.

3) Pursuant to each credit guarantee agreement of this case, the Plaintiff issued a credit guarantee certificate to C, and C took out the credit guarantee certificate of the first credit guarantee certificate as collateral from FF on March 28, 201, and KRW 100 million from the Industrial Bank of Korea on April 30, 2012, respectively. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (the Plaintiff’s subrogation) C incurred a credit guarantee accident in arrears with interest on each of the above loans from June 22, 2016 to the Industrial Bank of Korea and the Industrial Bank of Korea on July 29, 2016 to F Co., Ltd., the benefit of which is lost due to the nature of the loans.

2 In accordance with each credit guarantee agreement of this case, the Plaintiff subrogated to the Bank of Korea for KRW 85,770,940 on October 26, 2016, and KRW 128,90,079 on November 3, 2016, including KRW 43,129,139, and KRW 43,139 on November 3, 2016.

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