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(영문) 서울중앙지방법원 2017.09.15 2016가단5297122

사해행위취소

Text

1. As to each real estate listed in the separate sheet between the defendant and the defendant c c ch dong.

Reasons

1. Facts of recognition;

A. On December 5, 2013, the Plaintiff’s preservation claim 1) as to the Frando Corporation, Inc., Ltd., Ltd., Ltd. (hereinafter “Fludo Corporation”), the Plaintiff, on December 5, 2013, is called Geumdon Corporation.

(ii)In obtaining a loan from one bank in order to meet its operating capital, if the Geumdon theory fails to repay the loan, it entered into a credit guarantee agreement with one bank and Geumdon theory, which bears the responsibility of its guarantee, and issued a credit guarantee agreement with the guaranteed principal of KRW 400,00,000, and as of December 5, 2017.

① The amount of subrogation paid by the Plaintiff for its performance and damages for delay based on the Plaintiff’s fixed rate for delay from the date of performance to the date of full payment; ② additional guarantee fees from the day following the payment date of guarantee fees for the amount of credit guarantee not terminated to the day before the expiration date of guarantee; ③ additional guarantee fees from the day following the payment date of guarantee fees for the amount of credit guarantee not terminated to the day before the expiration date of guarantee.

Therefore, according to the above credit guarantee agreement, the Plaintiff had a claim for the amount of subrogated money, etc. against the Geumdon's theory as the principal debtor and Dakdong as the joint and several sureties. In this regard, the Plaintiff subrogated to the said bank for the amount of KRW 406,305,314 on September 29, 2014, and collected KRW 5,994,760, and collected KRW 400,310,554.

In addition, the Plaintiff spent KRW 13,169,317 as the legal procedure cost for the enforcement and preservation of the above indemnity claim. Of them, KRW 6,639,608 remains after recovering KRW 6,529,709.

Plaintiff

The prescribed rate of delay damages shall be this.