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(영문) 청주지방법원 2017.12.07 2017가합201146
사해행위취소
Text

1. As to KRW 372,283,261 among the Plaintiff and KRW 372,283,034 among the Plaintiff, Defendant A shall be from March 22, 2017 to May 8, 2017.

Reasons

1. Determination as to the Plaintiff’s claim for reimbursement against Defendant A

A. The facts of recognition 1) Defendant A’s credit guarantee agreement (hereinafter “instant credit guarantee agreement”) stipulated by the credit guarantee agreement between the Plaintiff and the Plaintiff on May 28, 2009, under which the guarantee period of KRW 382,50,000 and the guarantee period of KRW 382,50,000 was extended by May 27, 2010 (e.g., the extension by May 19, 2017) is concluded (hereinafter

(2) Following the conclusion of the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant A provided a loan of KRW 450 million from one bank pursuant to the credit guarantee agreement of this case. (2) In the event that the Plaintiff performed the guaranteed obligation, the Defendant A provided the Plaintiff (i) the amount of the guaranteed obligation and the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment; (ii) the expenses incurred in the performance of the guaranteed obligation and the preservation, transfer, and exercise of the rights acquired therefrom; and (iii) compensation for delay in accordance with the interest rate determined by the Plaintiff from the date of the payment to the date of the repayment thereof; and (iv) other unpaid guarantee fees, delayed guarantee fees, penalty for breach of contract, and subrogation fees, etc.;

3) However, Defendant A paid to Han Bank KRW 372,880,843 on March 22, 2017, based on the credit guarantee agreement of this case, the Plaintiff subrogated to Han Bank for the amount of KRW 372,283,034 (= KRW 372,880,843 – KRW 597,809), which was due to the recovery of KRW 597,809 from Defendant A, and the amount of subrogated for the amount that the Plaintiff failed to recover at present is KRW 372,283,03,034 (= KRW 372,880,843 – KRW 597,809). In addition, pursuant to the credit guarantee agreement of this case, the Plaintiff paid a final amount of KRW 227 from the date of the subrogation to the date of recovery of part of the subrogated amount. 【No dispute over the grounds for recognition,” the purport of each of

B. According to the above facts of determination, Defendant A: (i) KRW 372,283,261 (i.e., the amount of subrogated payment of KRW 372,283,034; KRW 227,034); and (ii) the amount of subrogated payment of KRW 372,283,034, the date of subrogated payment, from March 22, 2017.

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