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(영문) 전주지방법원 2017.11.17 2017나2789
구상금 및 사해행위취소
Text

1. Of the judgment of the first instance court, the part of the Plaintiff’s claim against Defendant P and G is modified as follows.

Attached Form

List.

Reasons

1. Facts of recognition;

A. The instant credit guarantee agreement and subrogation 1) The Plaintiff is a stock company A (hereinafter “A”) on March 14, 2014.

(B) In addition, A entered into a credit guarantee agreement with respect to the principal and interest of loan to be borne by L Bank by L Bank as of March 13, 2015 (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, A was granted a loan from L Bank in accordance with the credit guarantee agreement of this case. On May 15, 2014, the Plaintiff acquired a prior claim for reimbursement against A due to an occurrence of a guarantee accident stipulated in the credit guarantee agreement of this case. The Plaintiff paid 90,961,791 won in total to L Bank on behalf of A on June 25, 2014. (2) According to the credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, A shall pay the Plaintiff the amount of the guaranteed obligation and the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of payment of the guaranteed obligation (12%) to the date of execution and exercise of the right acquired through the performance of the guaranteed obligation (12%). Accordingly, the Plaintiff had the Plaintiff paid 91,499,819 won (i.e., subrogated payment amount,90,961,791 won in subrogation, 90, 3810 won in total, 380.

B. A’s act of disposing of property has entered into each of the following contracts (hereinafter “each of the instant contracts”) with respect to each of the real estate listed in the separate sheet owned by A, and completed registration accordingly:

No. 9898, Jun. 3, 2014, 2014, which was received on April 22, 2013 by the registry office of the District Court prior to the reservation for real estate sale as stated in Defendant C(1) on April 24, 2013, and was received on May 30, 2014 by the same registry office as the sales contract, in the separate list of the contracting parties.

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