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(영문) 대구지방법원포항지원 2015.05.26 2014가합40195

사해행위취소

Text

1. As to the Plaintiff KRW 604,773,014 and KRW 430,656,309, out of the above money, Defendant A shall be from February 17, 2014, and KRW 171,374.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A, a company with the trade name of “E gas station,” and entered into a credit guarantee agreement with Defendant A with the content as set forth in the following table 1, and guaranteed Defendant A’s new bank and the Bank of Korea’s loan obligations to the Industrial Bank of Korea, and D jointly and severally guaranteed Defendant A’s debt guarantee obligations with the Industrial Bank of Korea on February 23, 2011 (final 21, 2014). The Plaintiff entered into a credit guarantee agreement with the Industrial Bank of Korea with the Plaintiff on May 23, 2013 (final 205, May 23, 2014) by issuing a credit guarantee agreement with the Industrial Bank of Korea with the Plaintiff on February 24, 2011 (final 127,50,000,000).

Bank of Korea on March 18, 2010 (final 14 March 14, 2014) Industrial Bank of Korea on February 13, 2012, J 200,000,000, extended on March 12, 2013, 3203, the guaranteed amount guaranteed on the date of the annual agreement No. 200,000,000, extended on February 12, 2013 (final 12, 2014)

B. The contents of each credit guarantee agreement are as follows: (a) when the Plaintiff fulfilled the guaranteed obligation, Defendant A and D shall pay to the Plaintiff the amount of subrogation, damages for delay in accordance with the interest rate determined by the Plaintiff, expenses incurred in the performance of the guaranteed obligation, expenses incurred in compensating for, transferring, and exercising the right; and (b) the rate of damages for delay determined by the Plaintiff from February 17, 2014 until then.

C. Upon the occurrence of each credit guarantee accident closed by Defendant A and D on January 24, 2014 by the Plaintiff’s subrogation, the Plaintiff subrogated to the obligees as shown in the following table 3, and 2,695,506 won was required as the cost of taking measures for preserving the claim.

the date of a credit guarantee agreement under Table 3, 171, 901, 583, on February 24, 2014, the subrogated amount of creditor payment on February 24, 2014.