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(영문) 대전지방법원천안지원 2015.04.22 2013가단107443

사해행위취소

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 46,83,458 and KRW 46,357,148 among them:

B. Defendant B is Defendant A.

Reasons

1. Claims against the defendant A and B

A. Fact-finding 1) Defendant A entered into a credit guarantee agreement with the Plaintiff on February 27, 2009, the guaranteed amount of KRW 30 million, and the term of guarantee on February 26, 2010 (hereinafter “the first credit guarantee agreement”).

A) Around that time, a credit guarantee letter issued by the Plaintiff and received money from the National Bank Down branch as collateral (hereinafter “first loan”).

(2) In addition, A entered into a credit guarantee agreement with the Plaintiff on March 31, 201 with the content of the guaranteed amount of KRW 20 million, and the term of guarantee on March 29, 2016 (hereinafter “the second credit guarantee agreement”) (hereinafter “the second credit guarantee agreement”).

A) Around that time, the Plaintiff received a credit guarantee form from the Plaintiff and received money from the Non-Party branch of the National Bank (hereinafter “Second Loan”).

(2) According to the above credit guarantee agreement, the Plaintiff bears the guaranteed liability for the loan that Defendant A received from a financial institution. However, in the event that the Plaintiff discharges the guaranteed liability to a financial institution, Defendant A paid the amount that the Plaintiff repaid to the financial institution and the damages for delay in accordance with the interest rate determined by the Plaintiff from the date of subrogation.

On the other hand, on March 31, 2011, Defendant B guaranteed the obligation owed to the Plaintiff by Defendant A in accordance with the second credit guarantee agreement.

3) The interest rate applicable to damages for delay determined by the Plaintiff is 15% per annum from December 15, 2010 to December 31, 2013. 4) Defendant A delayed the payment of each principal and interest of loan as indicated in paragraph 1. The Plaintiff paid the “payment by subrogation” as indicated below to the National Bank on June 21, 2013.

In addition, while the Plaintiff entered into an agreement on the credit guarantee with Defendant A and subrogated for each of the loans owed by Defendant A, the Plaintiff incurred the “amount of subrogated payment” and the “unclaimed guarantee fee” indicated below.

The sum of the fees to be paid by subrogation under a credit guarantee agreement shall be 30,714,16 won, 141,780 won, 30,855,896 won, 2nd 15,643,032 won, 334,530 won, 15,977,562 won, 46,357.