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(영문) 대구지방법원 2018.08.30 2017가합204920
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”), each of which is to provide credit guarantee for respective loans to the Daegu Bank and us Bank (hereinafter “the credit guarantee agreement of this case”), as set out in the table below, and upon the Plaintiff’s failure to pay loans to each of the above banks, B entered into an agreement with B to pay all the expenses, such as the amount the Plaintiff subrogated to the Plaintiff, the damages for delay and penalty pursuant to the interest rate determined by the Plaintiff from the date of subrogation, and the legal procedure expenses the Plaintiff paid on behalf of the Plaintiff.

On December 12, 2007, the term of guarantee for the guaranteed amount of the loan bank established on the date of the agreement shall be KRW 423,360,00 (the term "the amount to be KRW 360,000,000,000) at Daegu Bank on December 11, 2008 (the term "the extension to December 2, 2016"), Daegu Bank on February 24, 2009 (the term "the amount to be KRW 192,000,000,000) (the term shall be changed to KRW 192,000,000) on February 23, 2010 (the term shall be extended to July 14, 2017) (the term shall be extended to KRW 846,720,000 on June 13, 2013).

B. B was granted a loan from each of the above banks by obtaining a credit guarantee certificate from the Plaintiff around the date of each credit guarantee agreement in accordance with the instant credit guarantee agreement.

After that, a credit guarantee accident occurred due to the default of bills, etc. on December 10, 2016 and the 16th of the same month. Accordingly, according to the credit guarantee agreement of this case, the Plaintiff repaid to the Bank the principal and interest of the loan stated in No. 3 above Table No. 829,118,337, and the Daegu Bank on March 7, 2017, the principal and interest of the loan stated in No. 1 No. 365,154,287, and the principal and interest of the loan stated in No. 1 No. 1 No. 194,691,493, the sum of KRW 198,964,117 (=829,118,37,365,154,287,194,691,493), respectively, on March 2, 2017.

C. The damages for delay incurred to the Plaintiff due to the said subrogation are KRW 7,728,910, and the legal procedure costs incurred by the Plaintiff in order to secure the right to indemnity against B are April.

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