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(영문) 대전지방법원 2016.08.24 2015가합107766
사해행위취소
Text

1. Defendant Incorporated Company A and B shall be jointly and severally liable to the Plaintiff, and KRW 514,639,317 among them and KRW 183,096,196 among them.

Reasons

1. Basic facts

A. 1) Defendant Incorporated Corporation A (hereinafter “Defendant A”) entered into a credit guarantee contract

(2) In order to secure the principal and interest of loans, the Plaintiff entered into two credit guarantee agreements, as indicated below, in order to secure the principal and interest of loans granted by Defendant A, Han Bank, and Han Han Bank (hereinafter “ Han Bank, etc.”) between Defendant A and Defendant B.

(2) On May 20, 2015, Defendant A borrowed money from one bank, etc. on June 30, 2014, 200, Han Bank 200,000,000 Han Bank 2,000,000,000 from May 19, 2015, 201, on the date of guarantee deposit (the “instant guarantee contract”). Defendant A borrowed money from one bank, etc. on the basis of the credit guarantee agreement issued by the Plaintiff pursuant to the above guarantee contract (the “00,000,000,003”). Defendant B paid the Plaintiff the guarantee fee and damages for delay arising from the Plaintiff’s exercise of the guaranteed obligation under the guarantee contract (the “Guarantee contract”). Defendant B guaranteed all the guaranteed obligation owed to the Plaintiff pursuant to the guarantee contract of this case. According to the guarantee contract of this case, Defendant A paid the Plaintiff’s guarantee fee and damages for delay from the date of the Plaintiff’s exercise of the guaranteed obligation to compensate the Plaintiff’s performance of the guaranteed obligation.

From November 27, 2015, the rate of delay damages determined by the Plaintiff is 12% per annum.

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation 1) Defendant A did not pay the principal and interest of the loan to Hana Bank on July 20, 2015, and July 10, 2015 to Hana Bank on July 10, 2015, causing a guarantee accident stipulated in the instant insurance contract. 2) Hana Bank, etc.

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