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(영문) 부산지방법원 2015.04.01 2014가합41295

사해행위취소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 258,914,645 and KRW 257,109,382 from January 6, 2014 to May 2014.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement with Defendant A and B that guarantees the performance of the obligation to repay loans (hereinafter “each guarantee agreement of this case”) with Defendant A as follows.

(2) Defendant A was granted a loan from the Industrial Bank of Korea under the credit guarantee agreement of this case. According to the credit guarantee agreement of this case, the term of guarantee principal on the date of the credit guarantee agreement of this case was changed to KRW 85,00,000 (per 85,000,000) as of July 5, 2012 (by July 4, 2014), DD 170,000,000 won as of July 25, 2011, E on September 33, 2011, when the Plaintiff performed the guarantee obligation of this case, the amount of damages incurred by the Plaintiff to compensate for the damages incurred by the Plaintiff due to the Plaintiff’s performance of the guaranteed obligation of this case as of July 15, 2011 (F2, 200,000 won as of September 5, 2019)

3) Defendant A jointly and severally guaranteed all obligations under each of the instant guarantee agreements against the Plaintiff. (B) On January 6, 2014, the Plaintiff subrogated for KRW 331,50,000 of the loan principal and interest KRW 2,882,433 in total, and KRW 334,382,433 of the loan principal due to the Industrial Bank of Korea’s demand for performance of guaranteed obligations.

The details shall be as follows:

Serial number 1 D 85,00,000 won 998,002 won 85,998,002 won 2 E 170,000,000 won 1,111,380 won 171,111,380 won 3F 76,500,000 won 773,051 won 77,273,273,051 won 331,50,000 won 2,82,833 won 334,382,432,433 won 34,382,432,433 won out of the amount of subrogated payment, and the amount of damages for which the plaintiff collected 17,273,051 won from the amount of subrogated payment pursuant to the above 3rd payment was finalized.

Details of calculation of the determined amount of loss on the date of subrogation.