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(영문) 전주지방법원 2016.05.20 2015가합3296

구상금 및 사해행위취소

Text

1. As to the Plaintiff’s joint and several KRW 511,015,543 and KRW 509,420,605, the Defendant Limited Company A and B, respectively, shall be jointly and severally liable to the Plaintiff on May 13, 2015.

Reasons

1. Facts of recognition;

A. The credit guarantee agreement between the Plaintiff and the Defendant Limited Liability Company A and the joint and several guarantee 1) the Defendant Limited Liability Company A (hereinafter “Defendant A”).

2) The Plaintiff and the Plaintiff are entitled to each credit guarantee agreement between the Plaintiff and the Plaintiff on each day of the following table (hereinafter referred to as the “each of the instant credit guarantee agreements”).

(2) Defendant A’s representative director, at the time of each credit guarantee agreement, jointly and severally guaranteed the Plaintiff’s obligation under the credit guarantee agreement. According to the Plaintiff’s credit guarantee agreement, Defendant A’s 169,60,000 guarantee fee for a national bank Co., Ltd. (which has been extended later) on October 30, 2015, 169,60,000 guarantee fee for the first credit guarantee period from the date of the separate guarantee agreement to the 10,50,500,000 guarantee fee for the second credit guarantee to the date of 10,000,0000,0000 average guarantee fee for the Plaintiff’s 10,50,000,0003 guarantee fee for each of the 10,000,000,0000,0000,000 average guarantee fee for the first time until the 20,005,04,005,015.

B. Although the occurrence of a guarantee accident and the Plaintiff’s subrogation lost the benefit of each of the above loans, the Defendant A failed to pay it, and the occurrence of a guarantee accident as prescribed by each of the instant credit guarantee agreements.

Accordingly, the Plaintiff is against each other.