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(영문) 대전지방법원 2017.07.21 2016가단222122

사해행위취소

Text

1. As to KRW 16,61,819 and KRW 16,490,934 among the Plaintiff, Defendant A shall be annually from July 20, 2016 to January 1, 2017.

Reasons

The Plaintiff entered into a credit guarantee agreement and a credit guarantee agreement between the Defendant A and the Korea Savings Bank on April 29, 2014 with a view to securing the obligation for loans under the loan from the Korea Savings Bank. < Amended by Act No. 13,265,100 won in the credit guarantee principal, until April 29, 2019; Act No. 2700, Sep. 25, 2015; Act No. 10635, Sep. 25, 2020; Act No. 12848, Apr. 29, 2014; Act No. 12837, Apr. 29, 2014; Act No. 13787, Apr. 29, 2019>

In the event that the Plaintiff repaid the principal and interest of loans on behalf of the Defendant A, the Defendant A shall reimburse the Plaintiff for the amount of subrogated payment, delayed payment based on the interest rate determined by the Plaintiff from the date of performance thereof, expenses incurred in the preservation, transfer

Pursuant to the aforementioned credit guarantee agreement, the Plaintiff issued a credit guarantee agreement with the coverage amount of 13,265,100 won on April 29, 2014, from April 29, 2014 to April 29, 2019, a credit guarantee agreement with the coverage period of 2,700,000 won on September 25, 2015, a credit guarantee agreement with the coverage period of 2,70,000 won on September 25, 2015 to September 25, 2020, a credit guarantee agreement with the coverage period of 9,00,000,00 won on April 29, 2014, and the credit guarantee agreement with the coverage period of April 29, 2014 to April 29, 2019.

Defendant A was granted each loan of KRW 14,739,00 on April 29, 201, KRW 3,000 on September 25, 2015 (hereinafter “second loan”), and KRW 10,000 on April 29, 2014 (hereinafter “third loan”).

On April 26, 2016, Defendant A caused a credit guarantee accident due to delay in payment of principal and interest and lost the benefit of each of the above loans.

The Plaintiff, such as subrogation, shall pay 8,396,571 won to the Korea Savings Bank on July 20, 2016 due to the credit guarantee accident of Defendant A, and 2,760.