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(영문) 대전지방법원 2015.01.15 2014가합100256
사해행위취소, 구상금 청구의 소
Text

1. Defendants A and B shall jointly and severally apply to the Plaintiff KRW 1,502,824,658 and KRW 1,498,206,737 among them.

Reasons

1. Basic facts

A. On April 16, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the content that the Defendant A secured the payment of the loan by the National Bank of Korea (hereinafter “National Bank”), setting the credit guarantee principal as KRW 1,496,00,000, and the credit guarantee period as from April 16, 201 to April 15, 201, and the Defendant B, etc. (hereinafter “Defendant B, etc.”) jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff under the said credit guarantee agreement.

B. According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation under the credit guarantee agreement of this case, Defendant A and Defendant B, a joint and several surety, agreed to pay to the Plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff, and the expenses incurred in the preservation, transfer, and exercise of the rights acquired

C. On April 29, 2010, Defendant A obtained a loan of KRW 1,760,000 from a national bank as security a credit guarantee letter (the guaranteed number F, the guaranteed principal of KRW 1,496,00,000,000, and the guaranteed period of April 15, 201) issued by the Plaintiff pursuant to the instant credit guarantee agreement.

Since then, the period of credit guarantee stipulated in the instant credit guarantee agreement was changed gradually, and the period of guarantee was changed on April 12, 2013 to October 11, 2013.

E. On October 11, 2013, Defendant A delayed the principal of a loan to a national bank, and the credit accident occurred on October 11, 2013. On December 20, 2013, the Plaintiff subrogated to the national bank for the principal amounting to KRW 1,498,206,737 (= Principal amounting to KRW 1,481,295,000) in accordance with the credit guarantee agreement in this case.

F. The Plaintiff’s expenses incurred in preserving, transferring, and exercising the right to the performance of the guaranteed obligation amounting to KRW 5,85,240, and KRW 1,237,319 out of the expenses are repaid, and the remainder of the substitute payment is KRW 4,617,921 (i.e., KRW 5,855,240 - KRW 1,237,319), and the interest rate determined by the Plaintiff is 12% per annum.

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