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(영문) 전주지방법원 2016.11.23 2016가단14432
사해행위취소
Text

1. Defendant A:

(a) KRW 19,253,360; and

B. Of them, 7,316,649 won from January 21, 2015 to June 3, 2016

Reasons

1. Determination as to the claim against Defendant A

A. Fact-finding 1) The Plaintiff’s credit guarantee contract under which the Plaintiff guarantees the guaranteed amount of KRW 20,000,000 between Defendant A and the Defendant A around July 29, 201 (hereinafter “instant credit guarantee contract”).

(1) Around July 11, 2012, Defendant A entered into a contract with the former Bank of North Korea (hereinafter referred to as the “former Bank of North Korea”) and around July 11, 2012

(C) A credit guarantee contract under which the Plaintiff provides a credit guarantee of 12,750,000 won guaranteed amount (hereinafter referred to as “the second credit guarantee contract of this case”) for the obligation to receive a loan from the Plaintiff.

(2) Accordingly, Defendant A was obligated to pay the Plaintiff the amount of the guaranteed obligation, the amount of damages calculated by the rate and calculation method determined by the Plaintiff from the date of subrogation to the date of full payment of the guaranteed obligation, the amount of damages calculated by the Plaintiff’s payment of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right acquired from the guaranteed obligation, to the date of full payment of the guaranteed obligation.

3) Within the guarantee period of the instant credit guarantee contract, Defendant A lost the benefit of time due to the failure to repay the above loan, and the Plaintiff subrogated the principal amount of KRW 7,420,00, interest of KRW 113,089, and KRW 7,533,089 on January 21, 2015 under the credit guarantee contract of the instant case. On the same day, the Plaintiff recovered KRW 216,440, and the principal amount of damages was KRW 7,316,649, and the Defendant A lost the benefit of time due to the failure to repay the above loan within the guarantee period of the instant credit guarantee contract. On March 13, 2015, the Plaintiff paid the principal amount of KRW 11,475,00, KRW 272, interest272,928, KRW 11,747,79,7828 under the credit guarantee contract of the instant case.

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