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(영문) 수원지방법원 2014.08.13 2012가합18475

사해행위취소

Text

1. As to the real estate stated in the separate sheet between the Defendant and B, each contract concluded on February 6, 2012 shall be 386,00.

Reasons

1. Basic facts

A. A. The Plaintiff is a credit guarantee agreement 1) A Co., Ltd. (hereinafter “C”) on September 6, 2004; January 13, 2005; June 30, 2006; and March 28, 2007.

B) As between the Plaintiff and the Daegu Bank, the Plaintiff guaranteed the Plaintiff’s loan obligations. However, upon the Plaintiff’s performance of the guaranteed obligation, C shall pay to the Plaintiff all incidental obligations, such as subrogated repayment, damages, etc. after the date of performance of the obligation (hereinafter “each credit guarantee agreement of this case”).

2) At the time of each credit guarantee agreement of this case, C jointly and severally guaranteed all obligations owed to the Plaintiff by each credit guarantee agreement of this case.

3) C was granted loans of KRW 178,290,000 from the Daegu Bank on October 29, 2004 to KRW 766,644,00,000,000 from that time to July 13, 2006. (b) Plaintiff’s indemnity claim 1) C lost the benefit of time on January 2008, and on behalf of C, the Plaintiff repaid the Daegu Bank KRW 973,98,555,00 in total within the limit of each credit guarantee agreement of this case among the above principal and interest of loans.

2) Accordingly, the Plaintiff filed a lawsuit for reimbursement claim against C and B, etc. on February 6, 2009, the Busan District Court rendered a judgment in favor of the Plaintiff with the purport that “C, D and B shall jointly and severally pay 975,902,685 won to the Plaintiff and 973,673,135 won to the Plaintiff”. The above judgment became final and conclusive on March 4, 2009. (C) The Plaintiff’s prior reimbursement claim against B based on the respective credit guarantee agreements of this case as the right to be compensated for, and as regards the Plaintiff’s prior reimbursement claim against B, the Daegu District Court rendered a judgment in favor of the Plaintiff on February 15, 2008 as indicated in the separate list E (hereinafter “instant real estate”).