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(영문) 서울중앙지방법원 2015.02.09 2014가단5128642
사해행위취소
Text

1. As to KRW 11,027,710 and KRW 10,845,630 among the Plaintiff, Defendant A’s year from April 30, 2014 to July 24, 2014.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A on April 14, 2009, setting the credit guarantee limit of KRW 15 million and the guarantee period as of April 10, 2014, and on the same day, Defendant A entered into a credit guarantee agreement with Nonparty SC Bank (hereinafter “SC Bank”) based on the said agreement.

(3) The Defendant issued a letter of credit guarantee with the above content on the loan obligation of KRW 15 million (hereinafter “instant 1 guarantee”).

(2) A credit guarantee agreement is concluded on February 5, 2018 by setting the credit guarantee limit amount of KRW 9.5 million and the term of guarantee as of February 5, 2018, and the non-party distribution-based community credit cooperatives (hereinafter “non-party distribution-based community credit cooperatives”) on the same day on the same day.

(3) The Defendant issued a credit guarantee statement with the above content as to the loan obligation of KRW 10 million (hereinafter “instant 2 guarantee”).

B. B. The Plaintiff’s subrogation and the scope of the Plaintiff’s claim for reimbursement 1) Defendant A lost the benefit of each of the above loans as a natural body around January 7, 2014.

On April 30, 2014, based on the instant guarantee 1, the Plaintiff subrogated to Nonparty Bank KRW 1,267,430 for the principal and interest of loan, and collected KRW 16,810 on the same day, the remainder of subrogation was KRW 1,250,620 ( KRW 1,267,430-16,810).

On April 30, 2014, based on the instant guarantee 2, the Plaintiff subrogated the principal and interest of loan of KRW 9,793,330 to the Non-Party Treasury on April 30, 2014, and collected KRW 198,320 on the same day, the remainder by subrogation was KRW 9,595,010 ( KRW 9,793,330-198,320).

2) At the time of a credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff’s guaranteed liability and the Plaintiff’s expenses incurred in the exercise or preservation of other rights. The Plaintiff paid KRW 182,080 to the Plaintiff for the preservation of claims for reimbursement of reimbursement. 3) In addition, the Defendant A paid the amount that the Plaintiff performed after the date of performance within the limit of 25% per annum as stipulated in Article 28 of the Regional Credit Guarantee Foundation Act.

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