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(영문) 수원지방법원 2016.09.01 2014나38811
사해행위취소
Text

1. The defendant's appeal is all dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against B is limited to D (hereinafter “D”).

(2) On November 28, 1997, when a credit guarantee agreement was entered into with another credit guarantee agreement, B entered into with the Plaintiff as a credit guarantee agreement and jointly and severally guaranteed the Plaintiff’s liability for indemnity against the Plaintiff, and D borrowed funds from the Industrial Bank of Korea as a collateral for a credit guarantee agreement issued pursuant to the above credit guarantee agreement. As to D, the occurrence of a credit guarantee accident under the above credit guarantee agreement, the Plaintiff subrogated for the obligation of D’s loans to the Industrial Bank of Korea on November 28, 1997 pursuant to the above credit guarantee agreement, and then filed a lawsuit seeking the payment of the above subrogation amount and the damages for delay against D and the joint and several sureties, who are the principal debtor, with the Daegu District Court Branch Branch Decision 2002Ka12682, and the above judgment became final and conclusive as is April 15, 2003.

3) For the interruption of extinctive prescription of the above judgment claim, the Plaintiff filed a lawsuit claiming the payment of subrogated payment and damages for delay against the Daegu District Court Branch Branch Office 2013da30633, and the above court rendered a ruling that “the Defendant jointly and severally filed a lawsuit against the Plaintiff for the payment of the subrogated payment and damages for delay, etc.” The above court rendered a ruling that “The Defendant shall jointly and severally pay to the Plaintiff the amount of KRW 1,190,447,912 and KRW 879,895,923 from November 28, 1997 to February 15, 1998; KRW 25% per annum from the next day to October 31, 1998; and KRW 20% per annum from the next day to the date of complete payment; and KRW 18% per annum from the next day to the date of full payment,” which became final and conclusive as to the Plaintiff’s right to claim sale and purchase of the instant real estate as 19.14.7.981.

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