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(영문) 대구지방법원 2015.07.17 2014가합200507

사해행위취소

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 429,767,531 and KRW 427,518,214 among them:

B. Defendant C and D are the same.

Reasons

1. Indication of claim;

A. (i) On May 4, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A to grant credit guarantee agreements with Defendant A to the effect that: (a) the principal of the credit guarantee principal is KRW 297.5 million; (b) the interest or additional charges to be additionally borne by the Plaintiff to the creditor in addition to the principal of credit guarantee; (c) the credit guarantee period from May 4, 2012 to May 3, 2013 (the period thereafter until May 2, 2014); and (d) the credit guarantee agreement set forth by the creditor Nonghyup Bank.

According to the above agreement, if the plaintiff is to pay the principal of credit guarantee to the creditor during the credit guarantee period and its subordinate debt, and the plaintiff is to pay the above debt on behalf of the creditor, the defendant A is obligated to pay to the plaintiff the repayment amount of the guaranteed debt, the delayed payment, the expenses incurred in the performance of the guaranteed debt, and the expenses incurred in the preservation, transfer, and exercise of the rights acquired through the performance of the guaranteed debt. The defendant B, C, and D guaranteed the above indemnity debt of the defendant B, and D.

B. On the same day, Luxembourg A was issued a credit guarantee agreement under the said credit guarantee agreement by the Plaintiff and received the said amount of KRW 297.5 million from the Nonghyup Bank. On November 22, 2013 (the Director stated on November 22, 2011, but appears to be a clerical error) the Nonghyup Bank requested the Plaintiff to discharge the guaranteed obligation, when a credit guarantee accident occurred, for which the interest due to delay in repayment of the loan is lost.

On December 30, 2013, the Plaintiff paid KRW 299,743,965 to the Nonghyup Bank in subrogation of Defendant A, and paid KRW 2,249,091 as legal procedural expenses.

Secondly, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest of the loan amounting to KRW 301,93,056 (the principal and interest of the loan amounting to KRW 299,743,965) and the principal and interest of the loan amounting to KRW 2,249,09,091).

B. (i) On May 4, 2012, the Plaintiff filed a claim under the credit guarantee agreement with the DefendantB, and the credit guarantee principal amounting to KRW 127.5 million with the DefendantB.