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(영문) 대전지방법원 2020.10.22 2020가합100868
구상금,사해행위취소
Text

The plaintiff's lawsuit against the defendant F Co., Ltd. is dismissed.

The Plaintiff

A. Defendant A Co., Ltd. shall be 381,96,642.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), and the network G (hereinafter “G”) jointly and severally guaranteed all the obligations owed to the Plaintiff under the instant credit guarantee agreement. The Defendant A received each loan from the Industrial Bank of Korea and H Co., Ltd. on the date of concluding the instant credit guarantee agreement (on April 29, 2013, the guaranteed amount (on March 170, 2000 Industrial Bank of Korea, 200,000 HH Co. 31, 2016) as security. The Defendant A received each loan from the Industrial Bank of Korea and H Co., Ltd. on the date of concluding the instant credit guarantee agreement (on May 3, 2016, 200,00 H Co. 85,000,000 on March 31, 2015).

B. Defendant A, including the Plaintiff’s subrogation, caused a guarantee accident with respect to the above loan, and the Plaintiff subrogated 225,365,192 won to the Industrial Bank of Korea on January 8, 2020, and 156,379,072 won to H Co., Ltd. in accordance with the credit guarantee agreement of this case. The amount of subrogated payment as of January 22, 2020 is KRW 252,378.

Meanwhile, the rate of damages for delay on the amount of subrogation performed by the Plaintiff pursuant to the credit guarantee agreement of this case is 8% per annum from January 8, 2020, the date of subrogation of this case, to the date of payment.

C. On February 21, 2019, Defendant A and Defendant A concluded a mortgage agreement with Defendant F on the instant real estate (hereinafter “instant mortgage agreement”) with a maximum debt amount of KRW 130 million with respect to the instant real estate, as indicated in the separate list of Defendant A’s property (hereinafter “instant real estate”). On the same day, Defendant F concluded a mortgage agreement with the Daejeon District Court on February 21, 2019, as the receipt of the maximum debt amount of KRW 130 million with Defendant F on February 21, 2019, which was KRW 2497 (hereinafter “instant mortgage agreement”).

G due to the death of September 5, 2019, Defendant C, the spouse of Defendant C, Defendant D, and E share 2/7, respectively.

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