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(영문) 의정부지방법원고양지원 2015.09.24 2014가단66584
사해행위취소
Text

1. The Plaintiff:

A. As to KRW 63,542,872 and KRW 49,558,50, among them, Defendant C Co., Ltd., from July 8, 2015 to KRW 49,500.

Reasons

Facts of recognition

On January 11, 201, the Plaintiff and Defendant A, C Co., Ltd. and the Plaintiff as joint and several surety have lent KRW 50,000,000 to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). At the time, Defendant A, a representative director of the Defendant Co., Ltd., jointly and severally guaranteed the above loans, concluded a contract of collateral guarantee with the maximum amount of KRW 60,00,000,00.

On the other hand, the defendant A resigned from the inside director of the defendant company on July 1, 201, and the defendant D was appointed as the inside director of the defendant company on the same day.

On January 11, 2012, the Plaintiff entered into an agreement on the change of credit conditions with the Defendant Company as of January 11, 2013, and at the time, Defendant D, the representative director of the company, jointly and severally guaranteed the above loans, and entered into a contract on collateral guarantee with the maximum amount of KRW 60,000,000.

The Defendant Company delayed the payment of principal and interest on January 12, 2013. As of July 7, 2015, the Defendant Company’s obligation to the Plaintiff of the Defendant Company’s loan amounting to KRW 49,558,500, and KRW 13,984,372, an annual interest rate of KRW 11 per annum from December 13, 2012 to July 7, 2015.

On January 3, 2011, the Plaintiff and the Defendant Company, A, and D entered into a credit card membership agreement with the Plaintiff, and obtained and used the credit card in the name of the Defendant Company. At that time, Defendant A, the representative, was jointly and severally guaranteed the Defendant Company’s obligation to use the credit card price.

On the other hand, on January 17, 2012, Defendant D entered into a joint and several guarantee contract with the Plaintiff on the obligation to use the credit card of the Defendant Company.

As of July 8, 2015, the credit card use price in this case as of July 8, 2015 is the principal amounting to KRW 9,111,249, and KRW 10,047,479, and KRW 19,158,728, which is the interest rate of KRW 24% per annum from January 25, 2012 to July 8, 2015.

The defendant A and the defendant B.

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