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(영문) 전주지방법원 2016.05.27 2015가합2453

구상금 및 사해행위취소

Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint and several KRW 469,688,213 and KRW 469,687,692 among them, Defendant A and B’s joint and several liability.

Reasons

1. Facts of recognition;

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

2) The Plaintiff and the Plaintiff are entitled to each credit guarantee agreement between the Plaintiff and the Plaintiff on each day of the following table (hereinafter referred to as the “each of the instant credit guarantee agreements”).

The lower court concluded a loan as indicated below. At the time of each credit guarantee agreement, Defendant C jointly and severally guaranteed the Plaintiff’s obligation pursuant to each credit guarantee agreement, and Defendant C, at the time of the first credit guarantee agreement, jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the first credit guarantee agreement. According to the Plaintiff’s credit guarantee agreement, each of which was determined on May 2, 201, 200 for the first loan of financial institutions (won) loan for the period of separate credit guarantee agreement (which was extended later) and the first credit guarantee period (which was extended later) on April 30, 2015, including the amount of 42,500,000,000 (which was extended later) and delayed payment from April 25, 2014 to April 25, 200, 2000, 200000 and 10,0000,0000 average repayment amount and 10,50,705,705,7005,0000.

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation 1) Defendant A did not pay the interest due to each of the above loans, thereby causing a guarantee accident under each of the instant credit guarantee agreements. Accordingly, the Plaintiff’s principal and interest of KRW 42,739,536 on March 18, 2015 (= interest of KRW 239,536 on interest of KRW 42,50,000), and the principal and interest of KRW 256,212,263 due to the secondary guarantee (i.e., interest of KRW 255,00,000), and the principal and interest of KRW 170,804,821 due to the third guarantee (= Principal KRW 170,80,000), and interest of KRW 170,800,000 on KRW 170,000,000).