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(영문) 대구지방법원 2014.07.10 2012가합43625

사해행위취소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 129,136,359 and KRW 128,015,239 among them. < Amended by Presidential Decree No. 23920, Sep. 27, 2012>

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

B B Between the Credit Guarantee Agreements with the following terms and conditions (hereinafter referred to as “each of the Credit Guarantee Agreements in this case”):

The Defendant Company concluded a credit guarantee agreement with the Plaintiff and received the loan as follows. On April 10, 2009, on April 10, 2009, the date of the conclusion of the Agreement No. 1 Agreement No. 2, the Defendant Company entered into a credit guarantee agreement with the Plaintiff and the representative director of the Defendant Company, the representative director of the Plaintiff Company, jointly and severally, at the time of the conclusion of the credit guarantee agreement with the Plaintiff and the Defendant Company, the amount guaranteed by KRW 85,00,000,000, KRW 47,500,000, KRW 47,500,000, the amount of loans from the Daegu Bank of Daegu Bank of Korea, Daegu Bank of Korea, and KRW 100,000,000, KRW 50,000,000,000 as a joint and several surety with each of the instant credit guarantee agreements between the Plaintiff and the Defendant Company as a joint and several surety.

3) According to each credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company and the Defendant B jointly and severally agreed to pay the Plaintiff damages and guarantee fees, penalty, and expenses incurred in the legal procedure for the enforcement and preservation of the claim, calculated by multiplying the amount of performance of the guaranteed obligation and the rate set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation. Meanwhile, the interest rate of the agreed damages determined by the Plaintiff is 15% per annum from June 1, 2005. (B) The Plaintiff Company subrogated the Daegu Bank on September 27, 2012 as the Defendant Company lost its interest due to credit guarantee accident (natural object) on August 6, 2012 (i.e., KRW 128,015,239 in total (i.e., KRW 85,401, KRW 712, KRW 22,613,527).

2) Of the expenses incurred by the Plaintiff in taking measures to preserve the claim for reimbursement against the Defendant Company, the remaining amount (=2,291,550 won) is KRW 1,121,120 among the expenses incurred in securing the claim for reimbursement reimbursement against the Defendant Company (in subrogation), KRW 1,170,430.

(c) the defendant.