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(영문) 대구지방법원 2020.05.22 2019가단124915

사해행위취소

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 175,236,491 and KRW 173,010,071 among them, from May 24, 2019 to December 24, 2019.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 7, the following facts: ① the Plaintiff guaranteed the Defendant Company's obligation to the Plaintiff on July 30, 2017 at the request of the Defendant Company A (hereinafter "Defendant Company"); ② the Defendant Company was loaned from the said bank on April 4, 2017 based on the credit guarantee agreement, but the guaranteed event occurred on March 30, 2019 due to delayed payment of the principal amount of the loan to the said bank; ② the Plaintiff subrogated the Plaintiff to the said bank on May 24, 2019 for the principal and interest debt of the Defendant Company KRW 173,010,071; ③ the Defendant Company guaranteed the Defendant Company's obligation to compensate for the damages incurred by the Plaintiff on April 20, 2018; ④ the Defendant Company was able to compensate for the total amount of the subrogated payment amount of KRW 360,000,0000,000,0000.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 175,236,491 won and 173,010,071 won of subrogation, which is the date of the plaintiff's subrogation, to December 19, 2019, the agreed delay damages rate of 10% per annum from May 24, 2019 to December 19, 2019, and 12% per annum from the next day to the date of full payment.

Thus, the plaintiff's claim against the defendants is accepted on the grounds of all.