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(영문) 전주지방법원 2018.06.01 2017가단14415
사해행위취소
Text

1. Defendant A to the Plaintiff

A. From June 29, 2015 to August 24, 2017, for KRW 5,865,354 and KRW 5,865,302 among them.

Reasons

1. Basic facts

A. (1) On September 20, 2012, Defendant A entered into a credit guarantee agreement with the Plaintiff and Defendant A with a view to securing the payment of the principal and interest of loan amounting to KRW 10,000,000,000, from a small-scale branch of the Jeonbuk Bank on September 20, 2012, and then obtaining a credit guarantee certificate from the Plaintiff in order to guarantee the payment of the said principal and interest of loan. (2) On January 20, 2015, Defendant A borrowed KRW 20,000,000 from a small-scale branch of the Bank of Korea to guarantee the payment of the said principal and interest of loan and received a credit guarantee certificate from the Plaintiff.

3) According to each credit guarantee agreement above, when the Plaintiff met the guaranteed obligation due to Defendant A’s failure to discharge the principal and interest obligation to Nonparty A’s U.S. branch or to repay the guaranteed obligation, the amount of the guaranteed obligation and the amount of damages calculated according to the rate and calculation method determined by the Plaintiff from the date of the performance of the guaranteed obligation until February 28, 201, the amount of 17% per annum from the date of the conclusion of the guaranteed obligation to September 27, 201, the amount of 15% per annum from the next day to September 27, 2013, and the amount of damages annually

(B) The Plaintiff’s claim for reimbursement was filed on June 4, 2015 with the Jeonju District Court Decision 201Da13307 (hereinafter “Defendant A’s individual rehabilitation case”), but the decision was made on May 30, 2016, on which the repayment plan was abolished on January 31, 2017, including expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, administrative fine, and penalty.

2. On June 29, 2015, the Plaintiff paid KRW 6,026,022 to the small-scale branch of the Seoul Northern Bank, and on the same day, KRW 160,720 from the Defendant A.

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