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(영문) 수원지방법원 2019.05.28 2018가단523286

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Credit Guarantee Fund’s Credit Guarantee Fund’s Credit Guarantee Agreement 1) concluded three credit guarantee agreements with D Co., Ltd. (hereinafter “D”) as follows (hereinafter “each of the instant credit guarantee agreements”). The Credit Guarantee Fund changed the credit guarantee fund’s loan amount to KRW 49,50,000 (hereinafter “45,00,000”) on November 20, 2015 (the change to November 17, 2017) to pay KRW 55,500,000 (191,250,000,000) as well as the amount of damages for delay on April 17, 2014 (191,250,000,000) to the E Bank’s General Credit Guarantee Fund’s Credit Guarantee Fund’s loan loan loan amounting to KRW 49,50,50,000,000 (20,000,000).

A, the representative of D, has jointly and severally guaranteed the debt of D's Credit Guarantee Fund.

B. (1) On September 25, 2017, a credit guarantee accident occurred due to D’s business closure report, etc. on September 25, 2017. (2) On April 2, 2018, the Credit Guarantee Fund subrogated to E Bank for the principal amounting to 46,105,409 won (= principal amounting to 45,00,000 + interest 1,105,409 won + interest 1,105,409 won) due to a guarantee made on April 18, 2013, and the principal amounting to 198,392,165 won (= Principal amounting to 191,250,000 + interest 7,142,165 won).

In addition, on January 4, 2018, the Korea Credit Guarantee Fund made a substitute payment of KRW 383,868,513 (= Principal KRW 382,50,000 + Interest KRW 1,368,513). The remainder of the subrogated payment remains 381,531,136 by appropriating KRW 2,37,37 as the guarantee fee refund, etc.

(iii)the rate of delay damages applied by the Credit Guarantee Fund (the rate of fixed damages shall be 10% per annum, and the fixed delay damages from the subrogated payment to the recovery date for 2,337,377 won shall be 2,863 won, and the penalty shall be 382,800 won.

(c) A.