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(영문) 인천지방법원 2015.04.02 2013가단220240
사해행위취소
Text

1. As to the Plaintiff’s KRW 45,745,931 and its KRW 45,452,354 among them, Defendant A shall start from June 11, 2013 to 203.

Reasons

1. Basic facts

A. On June 9, 201, the Plaintiff Credit Guarantee Fund (hereinafter referred to as the “Plaintiff Fund”) concluded a credit guarantee agreement between Defendant A and Defendant A on the credit guarantee principal, which provides that KRW 45,000,000, out of the amount that Defendant A intends to obtain from a new bank, shall be the credit guarantee principal, and the period of the credit guarantee agreement between June 9, 201 and June 8, 2012, issued a credit guarantee agreement (guarantee number: C) to a new bank on June 9, 201, and changed the period of the credit guarantee on May 22, 2012 by June 7, 2013.

B. When entering into a credit guarantee agreement with the Plaintiff Fund, Defendant A agreed to pay the Plaintiff Fund the principal and interest of the loan and the amount of damages at an interest rate set by the Plaintiff Fund within the scope of 25% per annum under Article 35 of the Credit Guarantee Fund Act. The interest rate set by the Plaintiff Fund was 18% per annum from January 1, 1999 to May 31, 2005; 15% per annum from the next day to November 30, 2012; 12% per annum from the next day to the next day; 2) guarantee fees, administrative fines, penalty, and penalty pursuant to Article 1 of the above Credit Guarantee Agreement; the amount of damages under Article 34 of the Credit Guarantee Fund Act shall be paid at the rate calculated by adding 0.5% per annum to the amount of the guarantee fee not repaid to the term of the contract guarantee; and the amount of damages paid by the Fund to the Plaintiff in lieu of the agreement and the procedure for the enforcement of the said bonds.

C. On June 9, 201, Defendant A loaned KRW 50,000,00 from a new bank as a collateral for the said guarantee under the pretext of a company-general loan, but Defendant A was the occurrence of a credit guarantee accident due to a report on the closure of a place of business on April 1, 2013.

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