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(영문) 수원지방법원 2015.07.09 2014가합64427

사해행위취소

Text

1. It was concluded on August 21, 2012 between the Defendant and B Co., Ltd. as to the claims indicated in the separate sheet.

Reasons

1. Basic facts

A. On July 26, 2007, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) by setting the credit guarantee principal of KRW 792 million with respect to the principal and interest of loans that the Bank shall receive from B, as the credit guarantee period from July 26, 2007 to July 25, 2012. On October 27, 2011, B entered into a credit guarantee agreement (hereinafter “each credit guarantee agreement”) with the term from October 27, 201 to January 26, 201, with regard to the credit guarantee principal and interest of loans that it shall receive from a national bank.

B. According to each credit guarantee contract of this case, when the plaintiff performed the guaranteed obligation, B pays to the plaintiff the amount of subrogation, delay damages from the date of subrogation to the date of full payment, and expenses for compensating for the claim. D, E, F (hereinafter “F”), and G jointly and severally guaranteed the obligation owed to the plaintiff according to each credit guarantee contract of this case.

C. B submitted a letter of credit guarantee issued by the Plaintiff under each of the instant credit guarantee agreements, and borrowed KRW 792 million from the Industrial Bank of Korea on July 26, 2007, and KRW 162 million from the National Bank on October 27, 201.

B On May 30, 2012, the list of units of a national bank was defaulted, and on May 31, 2012, the current account transaction with the Industrial Bank of Korea was suspended, and the occurrence of a guarantee accident under each credit guarantee contract of this case occurred. Accordingly, on June 15, 2012, the Plaintiff subrogated the principal and interest of the loan of 798,165,687 won to the Bank of Korea under B, and on July 12, 2012, the Plaintiff subrogated the principal and interest of 131,272,911 won to the national bank of B.

E. Thereafter, the Plaintiff filed a lawsuit against D, E, F, and G, which are joint and several sureties, to claim for reimbursement, etc. on July 5, 2013 by filing a lawsuit for reimbursement, etc., and on July 5, 2013, “B, D, E, F, and G” under “B, E, F, and G jointly and severally owned by the Plaintiff, 931,365,70 won, and 796,603,387 won among them, from June 15, 2012 to 131,272,911 won. < Amended by Presidential Decree No. 23925, Jul. 12, 2012>