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(영문) 서울남부지방법원 2017.09.29 2017가합101783
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 227,061,585 and KRW 226,88,135 among them.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Defendant Company”) is the Defendant Company A (hereinafter “Defendant Company”).

(1) The credit guarantee agreement between Defendant Company and Defendant Company (hereinafter referred to as the “instant credit guarantee agreement”) shall provide for the guarantee of its loan obligations as follows:

The Defendant Company concluded a contract with the Industrial Bank of Korea from October 22, 2009 to August 30, 2016. A total of KRW 9850 million was loaned from the Industrial Bank of Korea based on the credit guarantee agreement of this case. On October 22, 2009, the joint and several surety for the agreed date guarantee number guarantee period, KRW DD 80 million, the initial guarantee period of October 21, 2017, was October 22, 2010, and the last guarantee period extended each year, extended from October 20, 2016 to October 21, 2016, the Plaintiff was liable to pay the Plaintiff damages incurred by the Plaintiff for the performance of the guaranteed obligation under the credit guarantee agreement between Defendant B and the date of performance of the guaranteed obligation and the date of performance of the guaranteed obligation on October 21, 2017 (in the case of Defendant B’s subrogation agreement between the Plaintiff and the date of performance of the guaranteed obligation.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant Company lost the benefit of time due to delinquency in paying the principal on December 12, 2016. On February 14, 2017, the Plaintiff subrogated to the Industrial Bank of Korea in accordance with the credit guarantee agreement of this case (i.e., the principal amount of KRW 226,88,135,000) (i.e., KRW 224,000,000) under the credit guarantee agreement of this case (i.e., the principal amount of KRW 288,88,135). (ii) The Plaintiff paid substitute payment to the Plaintiff as the cost of the measure to preserve the claim for indemnity under the credit guarantee agreement of this case is KRW 173,450, and the interest rate for delay under the credit guarantee agreement of this case is

C. As to the instant real estate, including Defendant B’s act of disposing of property, etc., on November 2009.

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