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(영문) 전주지방법원군산지원 2016.04.05 2015가단52584
사해행위취소
Text

1. On October 2, 2014, 1/2 of the real estate listed in the separate sheet between the defendant and B is concluded.

Reasons

The following facts of the Plaintiff’s claim against B are acknowledged by the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings.

B entered into a credit guarantee contract with the Plaintiff on September 30, 201 in order to guarantee the repayment of loans to one bank upon obtaining a loan from one bank.

(Guarantee Period: (A) On September 29, 2016, the amount guaranteed: 42,500,000 won. In the event that B fails to perform its obligation to pay a loan to a single bank according to the credit guarantee agreement above, the Plaintiff shall repay on behalf of the Plaintiff, and B shall pay the amount of the subrogated repayment, the amount of the delayed payment from the date of subrogation to the date of full repayment.

Meanwhile, according to the above credit guarantee contract, B shall pay the guarantee fee to the Plaintiff. If the guarantee accident occurred within the guarantee period without paying it, and the Plaintiff’s subrogation is made within the guarantee period, B shall pay the guarantee fee at the rate of 1.1% per annum from the day following the date of payment of the final guarantee fee to the date of the guarantee accident, and the guarantee fee at the rate of 1.6% per annum from the following day to the date of payment of penalty for the period from the date of subrogation.

B was unable to repay the loans to Han Bank, and on October 20, 2010, Han Bank requested the Plaintiff to pay the principal and interest of the loan in lieu of the Plaintiff according to the credit guarantee contract above.

Accordingly, on April 28, 2015, the Plaintiff subrogated to Han Bank KRW 34,509,115 (principal KRW 34,000,000 and interest KRW 509,115).

Furthermore, the Plaintiff spent KRW 658,925 in order to take measures to secure the claim for reimbursement against B.

On the other hand, B paid guarantee fees only until September 26, 2014.

In light of the above facts, B shall be deemed to have been paid to the Plaintiff, ① 34,509,115 won by the Plaintiff’s subrogation, ② 658,925 won by the Plaintiff for the preservation of claims.

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