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(영문) 수원지방법원 2020.11.11 2020가합16788

사해행위취소 및 가액배상청구

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1. The defendant's KRW 444,972,927 as well as 5% per annum from September 16, 2020 to November 11, 2020 as to the plaintiff.

Reasons

1. Basic facts

A. 1) The Credit Guarantee Fund shall enter into a credit guarantee agreement on August 13, 2013 (hereinafter “D”).

A) In addition, D entered into a credit guarantee agreement with the Industrial Bank of Korea from August 13, 2013 to August 12, 2014 with respect to the obligation to obtain a loan from the Industrial Bank of Korea, from August 13, 2013. Since then, the term of the credit guarantee agreement was extended to August 10, 2018, and the principal of the guarantee was changed to KRW 90,40,000 (hereinafter “the first credit guarantee agreement”); D on November 11, 2014; D on the obligation to obtain a loan from E Co., Ltd. (hereinafter “E”); D on an annual basis, KRW 70,290,000; from November 11, 2014 to November 10, 2015; the term of the credit guarantee agreement was extended to KRW 20,000,0000,000 (hereinafter “the principal of the credit guarantee agreement”); and thereafter, D’s interest rate was changed to the principal of the credit guarantee agreement.

B. (1) A) On May 12, 2018, with respect to the Industrial Bank of Korea on May 15, 2018, D collected KRW 276,560 from D and caused credit guarantee accidents involving delay in interest on E. (2) on June 22, 2018 by subrogation of D, the Korea Credit Guarantee Fund paid KRW 91,235,592 to the Industrial Bank of Korea on June 22, 2018, and KRW 50,53,928 to E, and due to the primary credit guarantee agreement.