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(영문) 대전지방법원 2020.05.13 2019가단117054
사해행위취소.구상금
Text

1. As to KRW 213,381,654 and KRW 213,381,023 among the Plaintiff, Defendant A shall be from November 30, 2018 to May 9, 2019.

Reasons

1. Determination as to the claim against the defendant B

A. Basic facts 1) On July 1, 2008, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A with respect to the first credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”) between the Plaintiff and the Defendant, with the public order point of the lending bank Co., Ltd. (hereinafter “D”), the guaranteed amount of KRW 240 million, the guarantee period of June 30, 2009, the guarantee period of KRW 200,000,000,000,000.

B) On July 1, 2008, the Plaintiff is a credit guarantee letter pursuant to the first credit guarantee agreement of this case (hereinafter “the first credit guarantee letter of this case”).

(C) The term of guarantee on the first credit guarantee instrument of this case has been changed every year by June 22, 2018, by submitting the first credit guarantee instrument of this case to Defendant A and implementing a loan equivalent to KRW 240 million to Defendant A.

2) On June 18, 2018, prior to the expiration of the guarantee term of the first credit guarantee agreement between the Plaintiff and the Defendant A, the Plaintiff entered into a credit guarantee agreement with Defendant A, whereby the guarantee term of the first credit guarantee agreement between the lending bank D D public order branch and the guaranteed amount of KRW 216 million, the guarantee term of June 17, 2019, the guarantee term of KRW 17,000,000,000,000,000,000 won, the loan amount of KRW 270,000,000,000 won, and the guarantee rate of KRW 80,000 (hereinafter “the second credit guarantee agreement”).

B) On June 18, 2018, the Plaintiff is a credit guarantee certificate under the said credit guarantee agreement (hereinafter “instant secondary credit guarantee certificate”).

(3) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation) on August 21, 2018, Defendant A delayed the return of the principal of the loan, thereby causing a credit guarantee accident. The Plaintiff issued KRW 215,409,232 (i.e., the principal of the loan amount 212,35,313, 313, 919 (i.e., the principal of the loan) on November 30, 2018.

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