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(영문) 수원지방법원 2013.02.08 2012가합7987

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “Nonindicted Company”)

(1) On December 1, 2008, the Plaintiff and the Plaintiff changed the guarantee period to December 1, 201, 2009 (the company and the Plaintiff changed the guarantee period to December 1, 201).

(i) the credit guarantee agreement to be established (hereinafter referred to as “first guarantee”)

(2) As of October 29, 201, each credit guarantee agreement set forth respectively as the guaranteed amount of KRW 990,000,000, and the term of guarantee until October 28, 2011 (hereinafter referred to as “second guarantee”).

(2) The non-party company received each loan from the Korea Exchange Bank and the Industrial Bank of Korea on the security of each credit guarantee issued in accordance with the above guarantee.

B. On September 8, 2011, the Korea Exchange Bank, which made a loan to the non-party company, notified the plaintiff of the credit guarantee accident of the non-party company. Upon the plaintiff's claim for the performance of the guaranteed obligation of the above bank, the plaintiff paid 1,721,840,854 won as to the above Korea Exchange Bank on November 25, 201 (i.e., principal amount of KRW 1,700,000 + interest of KRW 21,840,854 + interest of KRW 21,840,854) as to the above Bank on the same day, the plaintiff paid 1,001,410,740 won as to the above Bank on the second guarantee (i.e., principal amount of KRW 990,000,000 + interest of KRW 11,410,740,000 + interest rate of KRW 2,251,540,000 per annum thereafter).

3. On the other hand, the plaintiff filed an application for payment order of indemnity against the non-party company for the payment of the indemnity amount and damages for delay with the Incheon District Court 2012j61.