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(영문) 서울중앙지방법원 2015.04.10 2014가합522192
사해행위취소
Text

1. As to KRW 115,841,04 and KRW 114,902,744 among the Plaintiff, Defendant A shall be from March 17, 2014 to April 7, 2014.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement with the non-party SP Co., Ltd. (hereinafter “non-party company”).

) In obtaining a loan from the Industrial Bank of Korea, the credit guarantee agreement between the non-party company and the non-party company on July 26, 201 with the guaranteed principal at KRW 180,000,000 (hereinafter “instant credit guarantee agreement”).

(2) According to the above credit guarantee agreement, when the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the principal debtor and the joint guarantor agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the exercise of the right to compensate for and transfer the guaranteed obligation, the delayed payment damages calculated by the Plaintiff’s prescribed rate from the date of the performance of the obligation to the date of the repayment to the date of the repayment, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, the additional guarantee fee, etc. from April 20, 2010 to July 25, 2016 to the date of the repayment.

B. On January 28, 2014, the Plaintiff’s subrogation 1) caused a guarantee accident by delinquency in paying the principal to the Industrial Bank of Korea. Upon the request of the Industrial Bank of Korea, the Plaintiff repaid KRW 117,347,384 to the Industrial Bank of Korea on March 17, 2014 pursuant to the instant credit guarantee agreement, and thereafter, recovered KRW 2,44,640 and recovered KRW 114,902,744 to the remainder of subrogation. 2) The Plaintiff is to preserve the claim for reimbursement under the instant credit guarantee agreement.

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