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(영문) 창원지방법원 2012.09.26 2010가합11729
사해행위취소등
Text

1. As to real estate listed in Attachment 1:

A. Defendant A and Nonparty B Co., Ltd. on November 3, 2009

Reasons

1. Presumed factual basis

A. The Plaintiff entered into a credit guarantee agreement between the Plaintiff and B and the issuance of a credit guarantee agreement and a letter of credit guarantee; (A) the Plaintiff entered into a credit guarantee agreement (hereinafter “B”) with each of the following contents (hereinafter “each of the instant credit guarantee agreements”); and C and E, a representative director of which C and C are the representative director (hereinafter “E”), jointly and severally guaranteed a repayment obligation under the respective credit guarantee agreement with the Plaintiff.

On June 26, 2009, June 27, 2009, the term of guarantee under the Credit Guarantee Agreement (B) of the Bank of Korea (which was extended until June 25, 2010) No. 640,000,000 (which was extended until June 25, 2010) Credit Guarantee Agreement of the Bank of Korea under the Credit Guarantee Agreement of the First Credit Guarantee Agreement of the Bank of Korea (which was extended until June 26, 2008 by June 26, 2009) shall be 470,400,000 corporate financing loans of the Bank of Korea (which was extended by June 25, 2010) under each of the credit guarantee agreements in this case with two credit guarantees issued by the Plaintiff as follows pursuant to each of the credit guarantee agreements in this case:

(1) Under each credit guarantee agreement of this case, the Bank of Korea established a loan agreement of 1,110,400,000 won from June 27, 2008. Under each credit guarantee agreement of this case, if the Plaintiff performed its credit guarantee obligations under each of the credit guarantee agreements of this case, B agreed to pay the principal and interest on the payment and damages at an interest rate as determined by the Plaintiff within the limit of 25% per annum within the limit of 14% per annum and 16% per annum from August 30, 2002 from August 30, 2002 to the Bank of Korea, the Bank of Korea of Trade Bank of Korea, Masan, Seoul, 2008.

2. The occurrence of a credit guarantee accident and the plaintiff's subrogated repayment B against the Bank of Korea on December 29, 2009.

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