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(영문) 대전지방법원 2015.10.13 2014가단220320
사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 25,906,119 as well as KRW 25,357,89 as to the Plaintiff’s KRW 25,357,89 as to the Plaintiff.

Reasons

1. Determination as to the claim for indemnity

A. The Plaintiff Company A (hereinafter “Defendant Company”) entered into a guarantee agreement and subrogated repayment 1)

Over 208

9.5. The amount guaranteed is KRW 25,500,000, and the period of guarantee was September 6, 2010 (the extension to September 5, 2014). The Defendant Company was granted a loan of KRW 30,00,000 from one bank on September 9, 2008 pursuant to the credit guarantee agreement.

2) According to the above credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, the Defendant Company decided to reimburse the Plaintiff the amount of the guaranteed obligation performance and the amount of damages for delay, finalized damages, attempted penalty, additional guarantee fees, and advances in accordance with the rate determined by the Plaintiff (12%). Defendant B and C guaranteed all the obligations owed by the Defendant Company to the Plaintiff at the time of the above credit guarantee agreement.

4) Around March 10, 2014, Defendant Company lost the benefit of time due to delay in interest on Han Bank. On June 30, 2014, the Plaintiff paid KRW 25,357,89 to Han Bank on behalf of the Defendant Company in subrogation of the Plaintiff Company. 5) The expenses (payment by subrogation) incurred by the Plaintiff in order to secure the liability for reimbursement to Defendant Company, Defendant B, and C are 632,800 won, or 84,580 won among them, and the amount of payment by subrogation is 548,220 won.

[Based on the recognition] Defendant A and B: Judgment by each service by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: (Article 208(3)2 of the Civil Procedure Act)

B. According to the above facts of determination, Defendant Company as the principal obligor of a credit guarantee agreement, and Defendant B and C as joint and several sureties jointly and severally with the Plaintiff KRW 25,906,119 (the amount of subrogated payment of KRW 25,357,89, the amount of subrogated payment of KRW 548,220), and the amount of subrogated payment of KRW 25,357,89, which is the date of subrogation, from June 30, 2014 to November 29, 2014, the agreement rate of KRW 12% per annum, which is the date of the final delivery of the copy of the complaint in this case, as the date of payment.

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