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(영문) 전주지방법원 2015.10.07 2014가합6649

구상금 및 사해행위취소

Text

1. The Plaintiff:

A. The defendant limited liability company A and B are jointly and severally 184,697,553 won and 66,209,590 won among them. < Amended by Act No. 12393, Apr. 2, 2014>

Reasons

1. Basic facts

A. On May 20, 2015, May 19, 2015, the first contract for a loan bank with a guarantee term of the guaranteed amount (the original guarantee term) as of the date of concluding a credit guarantee contract No. 1, the date of concluding the contract, 1) the Plaintiff and the Defendant Limited Company A (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) on April 28, 2014, as of May 20, 2015, the second contract for the former North Bank as of April 29, 2013 under the contract No. 2, the former North Bank Bank as of April 29, 2013.

(1) The Defendant Company may enter into a credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”) with respect to the obligation to obtain a loan from the following banks:

(2) As to each credit guarantee contract of this case, Defendant C jointly and severally guaranteed all obligations under the credit guarantee contract of this case to be borne by the Defendant Company to the Plaintiff. (2) According to each credit guarantee contract of this case, in the event the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to pay to the Plaintiff all expenses incurred in the performance of the guaranteed obligation and the expenses incurred in relation to the performance of the guaranteed obligation, the guarantee fee, penalty, the amount of penalty, the amount of the claim, and the expenses incurred in the legal procedure for such payment, etc.

The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

B. The Plaintiff’s claim for indemnity 1) The Defendant Company submitted to each lending bank a credit guarantee certificate issued by the Plaintiff under each credit guarantee contract of this case, and received the loan. 2) After which the Defendant Company lost the benefit of time due to the credit guarantee accident on June 3, 2014, the Plaintiff paid the principal amount of KRW 66,50,00 and interest KRW 42,320 on June 27, 2014 under the credit guarantee contract of this case, and KRW 66,922,320 on June 30, 2014, the principal amount of KRW 118,870,490 and interest KRW 508,777, KRW 119,379,267 on June 30, 2014 to a new bank under the credit guarantee contract of this case.

3. In order to preserve the claim for reimbursement due to each subrogation as above.