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(영문) 서울남부지방법원 2013.12.13 2013가합103781
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Korea Spatial Data Communications Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded each of the following credit guarantee agreements (referred to as “instant credit guarantee agreement”, “instant No. 1 credit guarantee agreement”, “instant No. 2 credit guarantee agreement”, and “instant No. 3 credit guarantee agreement”, and collectively referred to as “each of the instant credit guarantee agreements”, with the Nonparty Co., Ltd. and the Korea Spatial Data Communications Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

The amount guaranteed as of November 30, 200,000 won (amended by November 28, 2012) in a new bank which extended by November 28, 2008 (amended by November 28, 2012) from September 400, 2008 to September 11, 2009 (amended by 360,000,000,000) in a new bank which extended by November 30, 2009 (amended by March 8, 2013) to Korea on September 22, 2012 (amended by March 22, 2012).

B. Under each credit guarantee contract of this case, the Plaintiff issued a credit guarantee certificate to the non-party company, and the non-party company submitted it to the new bank and our bank and received a loan of KRW 990 million in total from the new bank, and KRW 1.35 billion from our bank.

C. On March 13, 2012, the non-party company transferred the right to claim a return from the Seoul Central District Court deposit amounting to KRW 633,487,236, which was deposited by the Korea Local Information Research and Development Institute as a depositee to the non-party company, and its incidental claim to the Defendant.

(hereinafter “instant assignment contract”) D.

On August 20, 2012, the non-party company did not pay the principal of the loan to the new bank, and on August 21, 2012, in arrears with the principal of the loan to the bank, the occurrence of an accident of guarantee stipulated in each credit guarantee contract of this case was occurred.

Accordingly, on November 23, 2012, pursuant to each credit guarantee contract of this case, the Plaintiff (hereinafter “Plaintiff”), at the Bank of Korea, KRW 1,176,335,885, and KRW 13.

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