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(영문) 서울중앙지방법원 2016.05.18 2015가합559269
사해행위취소
Text

Defendant A’s KRW 1,293,052,634 among the Plaintiff and KRW 602,047,935 among the Plaintiff, and KRW 685,343,452 among the Plaintiff.

Reasons

Basic Facts

The Plaintiff, including the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), as follows, entered into a credit guarantee agreement (hereinafter referred to as “each of the instant credit guarantee agreements”). Nonparty Co., Ltd. (hereinafter referred to as “Seoul Co., Ltd.”) and took out loans from the Bank of Korea, etc. as security, in accordance with the credit guarantee agreement of the instant case.

On the other hand, Defendant A guaranteed the obligation to be borne by Nonparty A to the Plaintiff according to each credit guarantee agreement of this case.

Serial 1 The amount of loan extended on March 23, 2012 (won) the date of loan extended by the loan institution for the last guarantee term of the guarantee date is 80,000,000,000 on March 18, 2016, and the Plaintiff’s performance of the guaranteed obligation at the rate of 1,000,000,000 on June 19, 2012 and the Plaintiff’s performance of the guaranteed obligation at the rate of 20,000,000,000,000 on June 19, 2015, and the Plaintiff’s performance of the guaranteed obligation at the rate of 1,00,000,000,003, 200,0000,0000,0000,0000,000,000,000,000 per annum as well as 1,50,000,005,00.

On April 29, 2015, the Plaintiff was notified by the Japanese bank of the occurrence of a credit guarantee accident and the Plaintiff’s subrogation that the non-party company caused a credit guarantee accident on the same day.

On June 17, 2015, the Plaintiff subrogated to the Bank of Korea for the principal and interest of loans of KRW 604,061,665, and the principal and interest of loans of KRW 693,039,802 on June 22, 2015, respectively. Of the amount of subrogated to the Bank of Korea, KRW 2,013,730 out of the amount of subrogated to the Bank, and KRW 7,696 out of the amount of subrogated to the Bank.

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