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(영문) 광주고등법원(전주) 2013.12.05 2012나2816
구상금 및 사해행위취소
Text

1. The part of the judgment of the first instance against Defendant E shall be revoked;

2.(a)

Attached Form E between Defendant E and Defendant C in the first instance trial.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract and loans 1) The Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial.

On May 18, 2010, A, on May 18, 2010, will be the sale-dong branch of the former Bank (hereinafter referred to as the “former Bank”).

) As to the obligation of 400,000,000 loans, the credit guarantee contract was concluded with the content of the guaranteed amount of 380,000,000 won (the guaranteed rate of 95%) and the term of guarantee on May 18, 2011 (hereinafter “instant credit guarantee contract”).

2) The Plaintiff and A entered into the instant credit guarantee agreement, and upon the Plaintiff’s failure to perform the obligation to pay the above loans to the former bank on behalf of the Plaintiff, A shall pay the amount of subrogation to the Plaintiff and the damages for delay pursuant to the interest rate determined by the Plaintiff from the date of subrogation to the date of full repayment. In the event that the Plaintiff paid expenses to compensate for the claims for reimbursement against A, A shall pay the amount to the Plaintiff.

3) Codefendant B and C in the first instance trial (hereinafter “Codefendant in the first instance trial”) are omitted.

(4) On May 18, 2010, A loaned KRW 400,00,000 from the Jeonbuk Bank under a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee contract.

B. Upon A’s application on May 16, 201, the Plaintiff changed the guarantee amount to KRW 360,000,000 (90%) and the guarantee period to May 18, 2012.

C. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) did not repay the instant loan even if the occurrence of a credit guarantee accident occurred upon the application for commencement of corporate rehabilitation on December 2, 2011. As such, on December 23, 2011, the Plaintiff subrogated to the previous North Bank for the principal and interest of the instant loan KRW 361,611,123 ( + principal + KRW 360,000 + interest KRW 1,61,123.

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