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(영문) 대전지방법원천안지원 2016.10.06 2015가단111682
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 26,902,548 and KRW 26,841,738 among them.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Defendant Company”) and B’s claim 1) on October 18, 2013 between the Defendant Company and the Defendant Company, and the gallonian branch with the Defendant Company (hereinafter “National Bank”)

(3) As to the obligation to obtain a loan from a national bank, a credit guarantee agreement with a view to guaranteeing the repayment of the principal and interest of the loan to the national bank of the defendant company (hereinafter “the credit guarantee agreement of this case”) by determining the credit guarantee principal as of October 14, 2016 (hereinafter “the credit guarantee agreement of this case”).

(2) According to the credit guarantee agreement of this case, Defendant B, under the credit guarantee agreement of this case, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff. (2) If the Defendant Company failed to perform its guaranteed obligations on behalf of the Defendant Company on behalf of the Plaintiff on behalf of the Defendant Company, the Defendant Company, and B should pay damages in proportion to the Plaintiff’s performance of guaranteed obligations, expenses incurred in the performance of guaranteed obligations, expenses incurred in the performance of guaranteed obligations, and expenses incurred in the performance of guaranteed obligations from the date of performance of guaranteed obligations to the date of repayment, and the preservation, transfer, and exercise of rights

The rate of damages for delay determined by the Plaintiff is 12% per annum from August 27, 2015 to the present.

3) The Defendant Company was granted a loan from a national bank under a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, but the credit guarantee accident occurred on December 19, 2014. (4) On August 27, 2015, the Plaintiff subrogated to the national bank for KRW 26,841,738 in accordance with the instant credit guarantee agreement (= Principal KRW 26,250,000, KRW 591,738).

5) The Plaintiff disbursed KRW 60,810 as the cost of preserving the claim for reimbursement against the Defendant Company. (b) Defendant B’s disposal of the instant real estate by Defendant B, etc. (i) on January 21, 2015, the real estate indicated in the separate sheet with Defendant C (hereinafter “instant real estate”).

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