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(영문) 대전지방법원 2016.08.25 2015가단209115
사해행위취소
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff Credit Guarantee Fund KRW 177,229,732 and KRW 173,609,123 among them.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff’s Credit Guarantee Fund (hereinafter “Defendant Company”) on May 30, 2012, including the conclusion of a credit guarantee contract and joint and several sureties, is the Defendant Company.

(1) A credit guarantee agreement with the following (hereinafter referred to as the “instant credit guarantee agreement”).

A) The credit guarantee principal: The credit guarantee period of KRW 170 million: from May 30, 2012 to May 29, 2013: The amount of interest (or additional amount) and the costs that the Credit Guarantee Fund bears in addition to the principal of the credit guarantee to the creditor and the creditor under the relevant statutes and the credit guarantee agreement between the Credit Guarantee Fund and the creditor: The creditor: the kind of credit guarantee at the time of the conclusion of the instant credit guarantee agreement; A guaranteed the above obligation of the Defendant Company; H, the representative director of the Defendant Company, was practically operating the Defendant Company as its wife.

3) On May 30, 2012, Defendant Company issued a letter of credit guarantee issued by the Plaintiff Credit Guarantee Fund under the instant credit guarantee agreement, and issued the Daejeon Bank Branch of the Korean National Bank (hereinafter “Inward Bank”).

(2) A loan of KRW 200 million (hereinafter referred to as “instant loan obligations”)

(4) According to the credit guarantee agreement of this case, if the Plaintiff Credit Guarantee Fund makes a substitute payment for the obligation of the loan due to the Defendant’s receipt of a loan from the Nonparty bank, the Defendant Company paid the amount of subrogation and the amount of delay damages as determined by the Plaintiff Credit Guarantee Fund (from April 15, 2015, the rate of delay damages as determined by the Plaintiff Credit Guarantee Fund to the present date shall be 12% per annum) and the costs incurred by the Plaintiff Credit Guarantee Fund in order to compensate for its claim for reimbursement against the Defendant Company.

B. On December 30, 2014, the Defendant Company, which created the claim for reimbursement of the Plaintiff Credit Guarantee Fund, began to pay interest on the instant loan obligations.

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