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(영문) 대전지방법원 2018.08.23 2017가단216827

구상금,사해행위취소

Text

1. As to KRW 91,951,372 and KRW 91,782,369 among the Plaintiff, Defendant A shall be from July 19, 2017 to November 8, 2017.

Reasons

1. The part of the claim against the defendant A

A. 1) On October 13, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A as guaranteed amount (hereinafter “instant guarantee agreement”). At the time of the instant guarantee agreement, the Defendant A agreed to pay the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the obligation to repay the loan because the Defendant A did not perform the obligation to repay the loan after obtaining the loan from the financial institution under the credit guarantee agreement.

3) In accordance with the instant guarantee agreement, the Plaintiff issued a credit guarantee statement as listed below to the National Bank of Korea (hereinafter “Nonindicted Bank”), and the Defendant Company A received a loan from the Nonindicted Bank on October 13, 2016 in accordance with the credit guarantee certificate as indicated below. Defendant A, on October 13, 2016, extended a guarantee term loan of the principal guaranteed on the date of issuance, 90,000,000,000 on October 12, 2017, in which case the credit accident occurred to this natural body on February 17, 2017, but was not repaid, the Plaintiff notified the Plaintiff of the credit guarantee accident on February 20, 2017, and the Plaintiff subrogated for KRW 91,782,369 to the Nonindicted Bank on July 19, 2017 pursuant to the instant guarantee agreement.

5) The Plaintiff’s prescribed rate of delay damages is 10% per annum from July 19, 2017 to the date, and the legal procedure costs that the Plaintiff had not been repaid after the Plaintiff’s payment are 169,003 won. [Grounds for recognition: Evidence A(1) to 6, as well as the purport of the entire pleadings.]

B. The judgment of Defendant A is calculated by calculating the Plaintiff’s total sum of KRW 91,951,372 (the total amount of KRW 91,782,369 for the legal procedure costs of subrogation) and KRW 91,782,369 for the subrogated amount of KRW 91,782,369 for the amount of KRW 91,79 for the payment by subrogation, the date of service of the instant complaint, from July 19, 2017 to November 8, 2017, which is the delivery date of the instant complaint, 10% per annum, and 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.