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(영문) 인천지방법원 2015.04.07 2014가합55419

사해행위취소등 청구

Text

1. As to KRW 160,649,465 and KRW 158,769,415 among the Plaintiff, Defendant A shall be from March 25, 2014 to July 18, 2014.

Reasons

1. Facts of recognition;

A. On January 28, 2010, the Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) with Defendant A, and on January 28, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A, stating that “The guaranteed principal: KRW 12,2320,000,000: the guarantee period: from January 28, 2010 to December 31, 2012; and on December 6, 2011, Defendant A entered into a credit guarantee agreement with Defendant A with respect to KRW 2,448,00 (hereinafter each of the above credit guarantee agreements referred to as “each of the instant credit guarantee agreements”).

(2) According to each credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation to our bank, the Defendant A paid the Plaintiff the amount of subrogated payment and the amount of damages for delay calculated at the rate of 12% per annum as determined by the Plaintiff from the date of subrogated payment to the date of full payment.

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation. On January 24, 2013, the occurrence of a guarantee accident under each of the credit guarantee agreements of this case occurred due to delay in payment of principal and interest of each of the above loans to the Bank. Accordingly, on March 25, 2014, the Plaintiff paid the Plaintiff additional guarantee fee of KRW 158,769,415 [the Plaintiff” under each of the credit guarantee agreements of this case 131,810,119 (“the principal amount of KRW 122,320,490,490,119) and the Plaintiff’s subrogation amount of KRW 26,959,296 (“the principal amount”) under each of the credit guarantee agreements of this case to the Bank, KRW 158,400,000, KRW 186, KRW 297, KRW 2081, KRW 300, KRW 297, KRW 2081, KRW 297,57581).7).2

C. On September 17, 2012, Defendant A, including entering into a pre-contract with the Defendants for sale and purchase.