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(영문) 대구지방법원포항지원 2014.11.18 2013가단302080
사해행위취소
Text

1. Defendant B and the Korea Credit Guarantee Fund jointly and severally with the Plaintiff A, as to KRW 25,464,795 and KRW 25,221,483 among them.

Reasons

1. Basic facts

A. On August 13, 2009, the Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement with Defendant B to guarantee the repayment of the loan obligation that Defendant B would incur by obtaining a loan from a financial institution (hereinafter “instant credit guarantee agreement”). Nonparty A, the spouse of Defendant B, jointly and severally guaranteed the obligation that Defendant B would incur to the Plaintiff under the said credit guarantee agreement.

Until August 12, 2010 (final 25,500,000 won) until August 13, 2009, creditors having the due date of credit guarantee principal of the credit guarantee contract (final 25,500,000 won) Defendant B obtained a loan of KRW 30,000,00 from the Industrial Bank of Korea as collateral of the credit guarantee certificate issued under the credit guarantee agreement of this case on August 13, 2009, Defendant B entered into the credit guarantee agreement of this case, and Defendant B agreed to pay damages for delay determined by the Plaintiff Credit Guarantee Fund (from April 10, 2013 to the date of full payment) within the limit of 25% per annum prescribed by the Credit Guarantee Fund Act, when the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, from the date of full payment to the date of full payment.

B. On January 30, 2013, Defendant B paid the principal and interest of the loan to the Industrial Bank of Korea on or around January 30, 2013, and there was a credit guarantee accident caused by delay of principal and interest. (ii) On April 10, 2013, Plaintiff B paid the principal and interest of the loan to the Industrial Bank of Korea on behalf of the Plaintiff at KRW 25,382,343 (= principal and interest of KRW 25,020,072) in accordance with the instant credit guarantee agreement.

3) Meanwhile, on April 10, 2013, the Plaintiff’s Credit Guarantee Fund recovered KRW 160,860 out of the amount of subrogated payment on April 10, 2013, and paid the amount of subrogated payment by the Plaintiff Credit Guarantee Fund (=25,382,343 - KRW 160,860) to the remainder of the amount of subrogated payment by the Plaintiff Credit Guarantee Fund.

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