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(영문) 서울중앙지방법원 2019.01.24 2018가단5009619
사해행위취소
Text

1. The plaintiff, Ga.

For Defendant A, as regards KRW 12,529,759 and KRW 12,524,039, b.

Defendant A and B Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Defendant A and B Co., Ltd. (1) is financed by Defendant A and B Co., Ltd. (hereinafter “Defendant B”) from D Co., Ltd. (hereinafter “D”), and the Plaintiff entered into each credit guarantee contract as listed below, and issued a credit guarantee certificate.

Defendant A jointly and severally guaranteed all obligations under the credit guarantee agreement that Defendant B bears against the Plaintiff listed in No. 2 table below.

According to the above credit guarantee agreement, under the above credit guarantee agreement, Defendant A (2) of 2015-4-29, Defendant A-2020-4-28, KRW 20 million on the guaranteed principal of the guaranteed principal of the guaranteed principal of the guaranteed principal during the credit guarantee period of the insurance guarantee period, KRW 20 million, KRW 20 million, KRW 2017-5-39,000, KRW 81 million for Defendant BF 2017-5-11, KRW 2017-539,000,000, KRW 81 million, the debtor under the above credit guarantee agreement is liable to the Plaintiff when the Plaintiff performed the guaranteed obligation. ① The amount paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, ④ the unpaid guarantee fee, additional guarantee fee

(3) Defendant A and B were loaned the principal of each loan stated in the above table, but Defendant A and Defendant B caused each credit guarantee accident as of November 29, 2017, and Defendant B, as of December 1, 2017, respectively. Accordingly, the Plaintiff subrogated KRW 12,524,039 under the credit guarantee agreement No. 1 of the above table No. 1 of the above table, and KRW 81,450,492 under the credit guarantee agreement No. 2 of the above table.

(4) The Plaintiff disbursed KRW 547,720 (No. 5,720, No. 2, No. 542,000 related to No. 1, No. 5,720) as the legal procedure cost for the preservation of each of the above claims for reimbursement.

(5) The Plaintiff’s interest rate for delay is 12% per annum from the date of subrogation to the date of payment.

B. Defendant A’s disposition against Defendant C.

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