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(영문) 대구지방법원 2013.10.01 2012가합41940

사해행위취소

Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 1,331,406,126 and KRW 1,324,549,089 among them.

Reasons

1. Basic facts

A. On December 9, 2011, on December 201, 201, the date of concluding a credit guarantee agreement and a joint and several sureties contract, the Plaintiff (hereinafter “Defendant A”) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) for the amount of loan of KRW 58,100 on December 7, 2012, 58,200, the guaranteed amount of KRW 470,560,000 on December 7, 2012, 201, KRW 58,200,000,000, KRW 1,072,630,000 on December 7, 2012.

B) On the date of the conclusion of each credit guarantee agreement between the Plaintiff and the Defendant A, the representative director of the Defendant A company, entered into a joint and several guarantee agreement with the Defendant A to jointly and severally perform all the obligations owed by the Defendant A company under the respective credit guarantee agreement between the Plaintiff and the Plaintiff.

3) According to each credit guarantee agreement of this case, where the Plaintiff fulfilled the guaranteed obligation, the said Defendants shall immediately reimburse the Plaintiff for damages, guarantee fees, penalty, and expenses incurred in the legal procedures for the enforcement and preservation of claims calculated by multiplying the amount of performance of guaranteed obligation and the rate prescribed by the Plaintiff from the date of performance of guaranteed obligation to the date of repayment of the guaranteed obligation. Meanwhile, the interest rate of contractual damages determined by the Plaintiff is 14% per annum until the date of performance of the guaranteed obligation, and 16% per annum when the amount exceeds three months after the performance of the guaranteed obligation. (B) Defendant A submitted each of the credit guarantee agreements of this case issued by the Plaintiff to the Industrial Bank of Korea by the Plaintiff, and obtained loans from the Industrial Bank of Korea in total of KRW 1,660,830,00 per annum.

2) When Defendant A lost the benefit of time due to the suspension of current account transactions on February 28, 2012, the Plaintiff collected KRW 1,337,595,89 from the Industrial Bank of Korea on April 10, 2012 (i.e., the principal amount of KRW 470,40,000, the second agreement interest of KRW 858,104,000 on behalf of the principal amount of the second agreement and KRW 9,491,89) on behalf of the Plaintiff. 3) The Plaintiff recovered from the Defendant A on April 13, 2012, and appropriated it as part of the amount of subrogation under the first agreement.

Therefore, it is true.