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(영문) 광주지방법원 2015.04.16 2014가합56319
사해행위취소
Text

1. The Defendant Company A, Defendant B, and Defendant C are jointly and severally liable to the Plaintiff for KRW 261,57,724 and KRW 260,167,767 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”)

B) On April 8, 2011, the guaranteed amount was 255,000,000 won, and the term of guarantee was extended in sequence on April 4, 2014.

(i)the credit guarantee agreement specified in the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) Defendant C and Defendant A, the representative director of Defendant A, jointly and severally guaranteed the liability for indemnity to be borne by Defendant A pursuant to the above credit guarantee agreement. The content of the instant credit guarantee agreement is that, when the Plaintiff fulfilled the guaranteed liability, the guarantor and the joint and several sureties shall pay the Plaintiff the amount of subrogation and the amount of compensation for the execution of the subrogated claim, the expenses incurred in compensating for the performance of the subrogated claim and the amount of compensation for delay determined by the Plaintiff (12% per annum since December 1, 2012), and the penalty according to the rate determined by the Plaintiff from the date following the date of performance of

B. (1) The Defendant A provided the instant credit guarantee agreement, thereby obtaining a loan of KRW 255,00,000 from the Gwangju Bank. (2) The Defendant A aggravated management conditions, thereby causing a credit guarantee accident due to this natural body on March 13, 2014.

Accordingly, on June 23, 2014, the Plaintiff subrogated to the Gwangju Bank for the total amount of KRW 260,167,767 (=interest of KRW 255,00,000, KRW 5,167,767).

In relation to the above subrogation, the penalty to be paid by Defendant A to the Plaintiff is KRW 1,214,210, and the unpaid amount is KRW 195,747 out of the expenses paid by the Plaintiff to compensate for the execution of the claim (=212,967 - KRW 17,220).

C. Defendant B’s disposal disposition 1) As to the real estate listed in paragraph (1) of the attached Table No. 1, Defendant B completed the registration of share ownership transfer with the Gwangju District Court Naju Registry on March 25, 2014 on the ground of sale as of March 15, 2014. Defendant B entered the list No. 2 in the attached Table No. 2.

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