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(영문) 대전지방법원 2015.09.02 2015가단206659
사해행위취소
Text

1. Defendant A and B jointly and severally pay to the Plaintiff KRW 47,259,395 and KRW 45,213,226 among them.

Reasons

1. Basic facts

A. A. Around September 16, 1994, the Plaintiff issued a credit guarantee agreement with Defendant A to guarantee the principal and interest of a loan from a national bank, with a maturity of 50,000,000, and up to March 16, 1995. (2) In providing the above credit guarantee, the Plaintiff entered into a credit guarantee agreement with Defendant A to pay the amount of the guaranteed obligation when the Plaintiff was unable to discharge the guaranteed obligation between Defendant A and the above bank, and the expenses incurred in exercising the right acquired through the discharge of the guaranteed obligation. In this case, Defendant B jointly and severally guaranteed the obligation under the above credit guarantee agreement with Defendant A.

B. 1) The judgment became final and conclusive. As the above bank notified the Plaintiff of a credit guarantee accident due to Defendant A’s credit guarantee accident and claimed for the performance of the obligation to pay the loan, the Plaintiff paid the principal and interest of the loan to the above bank. 2) The Plaintiff filed a lawsuit against Defendant A and B with the Daejeon District Court Decision 95No18014, and received a favorable judgment.

3) Upon the completion of the extinctive prescription of the above final and conclusive judgment, the Plaintiff filed a lawsuit against the Defendant A and B seeking reimbursement of the amount of reimbursement with the Daejeon District Court Decision 2004Gadan57240, Daejeon District Court Decision 2004Da57240, and the said judgment became final and conclusive upon the winning judgment that “Defendant A and B jointly paid the Plaintiff 45,649,35 won and 45,213,226 won with interest of 17% per annum from March 30, 1995 to the date of full payment.” (c) After the final and conclusive judgment of the Daejeon District Court Decision 2004Da57240, the Plaintiff spent KRW 1,610,040 with legal procedure expenses, such as the exercise of the right. 【The fact that there is no dispute over the grounds for recognition, the purport of each of the evidence No. A, No. 2, and the purport of the entire pleadings.

2. Judgment on the claim of money

(a)a description of the basis for the indication of the claim;

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