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(영문) 서울고등법원 2019.05.16 2018나2053772
구상금 및 사해행위 취소 등의 소
Text

1. As to the defendant among the judgment of the first instance, including a claim extended by this court and a claim for a change in exchange.

Reasons

1. Facts of recognition;

A. The Plaintiff is a joint Defendant Company A (hereinafter referred to as “A”) of the first instance court on October 20, 2016, KRW 160,000,000 from October 20, 2016 to October 18, 2017, KRW 18,880,000,000,000 from October 20, 2016 to October 19, 2016, KRW 2088,000,000,000,000 from October 20, 2016, when concluding a credit guarantee agreement.

(2) As indicated below, each credit guarantee agreement (hereinafter referred to as the “each credit guarantee agreement of this case”) shall be entered in the following table:

(2) Under each credit guarantee agreement of this case, where the plaintiff fulfills the guaranteed obligation, A shall pay the amount of the guaranteed obligation to the plaintiff, and damages for delay calculated at the interest rate determined by the plaintiff, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right.

3) Under each credit guarantee agreement of this case, the Plaintiff issued each credit guarantee form to A, and A provided each of the above credit guarantee forms as collateral and borrowed KRW 200 million from D Bank and KRW 236 million from the Industrial Bank of Korea, respectively. (B) A delayed repayment of the principal and interest of each of the above loans. The Plaintiff paid KRW 190,549,373 to the Industrial Bank of Korea on February 24, 2017, and KRW 161,289,488 to D Bank on March 21, 2017, in accordance with each of the credit guarantee agreements of this case.

2) On February 24, 2017, the Plaintiff recovered KRW 1,354,680 from A to appropriate it to “the principal of the indemnity amount arising from the subrogation to the Bank,” and collected KRW 2,902,790 on March 21, 2017 to “the principal of the indemnity amount arising from the subrogation to the Bank,” and appropriated it to “the principal of the indemnity amount arising from the subrogation to the Bank,” respectively. 3) In relation to each subrogation, the Plaintiff spent the total amount of KRW 424,791 as the expenses for securing the claim. The interest rate for delay on the indemnity amount determined by the Plaintiff at the time of each subrogation is 10

C. A’s disposal act on November 10, 2016 shall be attached to the real estate, which is the only property as the real estate at the seat of the head office, between the Defendant and the Defendant.

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