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(영문) 광주지방법원순천지원 2019.07.11 2019가합10072
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 546,210,791 and KRW 363,424,025.

Reasons

Facts of recognition

The Plaintiff’s credit guarantee agreement (hereinafter collectively referred to as “each of the instant credit guarantee agreements”) with Defendant A on and around April 2015 and June 2016 regarding the loans owed by Defendant A to the Bank and the Industrial Bank of Korea as indicated in the following table between Defendant A and Defendant A (hereinafter collectively referred to as “instant credit guarantee agreement”).

Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff pursuant to each credit guarantee agreement in this case. Defendant B concluded a guarantee number loan (including any modified content) 200 million won with JF Bank (Dong Yangyang Branch) 180 million won or more from April 15, 2015 to April 12, 2019, KF Bank (Dongyang Branch) 190 million won or more from April 15, 2015 to April 12, 2019; Defendant B paid the Plaintiff the guaranteed liability amount of KRW 190 million to the Plaintiff on April 15, 2015 to April 12, 2019; and Defendant B paid the guaranteed liability amount of KRW 200 million to the Plaintiff from April 15, 2015 to April 12, 2015 to April 16, 2015 to the reimbursement rate of KRW 190,0000 or 160,000,015.

3) On August 21, 2018, August 27, 2018, Defendant A filed a claim for the performance of a credit guarantee obligation with the Bank, the Bank, and the Industrial Bank of Korea filed a claim against the Plaintiff for the performance of the guaranteed obligation, such as delinquency in payment of interest on loans, etc. Under each credit guarantee agreement in the instant case, the Plaintiff subrogated the Bank of Korea for KRW 365,651,307 on December 13, 2018, and KRW 182,784,824 on December 18, 2018, respectively, to the Bank of Korea on December 13, 2018; and (4) the Plaintiff appropriated the principal amount of the subrogated payment from Defendant A for the credit guarantee agreement on January 14, 2019.

On the other hand, damages for delay (determined damages) for the amount recovered is KRW 1,942.

Defendant.

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