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(영문) 대구지방법원김천지원 2014.07.16 2013가단2449
사해행위취소 등
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 280,541,435 and KRW 242,43,450 among them, from November 22, 2012 to December 2012.

Reasons

1. Facts of recognition;

A. A. On December 10, 2009, the non-party medical corporation C (hereinafter “non-party medical corporation”) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff as of December 10, 201, setting the guarantee amount of KRW 240,000,000 and the guarantee term of KRW 10,000 between the Plaintiff and the Plaintiff, and received a loan of KRW 300,00,000 from the Industrial Bank of Korea as collateral.

D. According to the Credit Guarantee Agreement, in the event that the Plaintiff performs guaranteed obligations pursuant to the Credit Guarantee Agreement, the non-party foundation stipulates that the amount of the Plaintiff’s performance of guaranteed obligations, damages for delay in accordance with the interest rate determined by the Plaintiff, and the expenses incurred in preserving and exercising the rights acquired by the Plaintiff as a result of the Plaintiff’s performance of guaranteed obligations and the performance of guaranteed obligations shall be paid in full. The agreed delay damages rate of the amount of subrogation determined by the Plaintiff is 14% per annum for three months from the date of subrogation,

around December 10, 2009, Defendant A and Defendant B, at the time of the Non-Party Foundation, entered into an agreement between the Plaintiff and the Non-Party Foundation on the joint and several guarantee of all obligations owed by the Plaintiff pursuant to the instant credit guarantee agreement (hereinafter “instant joint and several guarantee agreement”).

In December 7, 2011, the non-party foundation caused a credit guarantee accident following the company reorganization procedure and lost the benefit of time. On December 29, 2011, the Plaintiff paid 242,43,450 won to the Industrial Bank of Korea in accordance with the credit guarantee agreement of this case on December 29, 2011, and on November 21, 2012, the Plaintiff paid 242,43,450 won in subrogation to the Industrial Bank of Korea. As of November 21, 2012, the amount of damages 33,754,705 won in subrogation, additional guarantee fee 238,610 won in addition, substitute payment 4,14,670 won in total, and 280,541,435 won in reimbursement claim (hereinafter “instant indemnity claim”).

B. Defendant A’s disposal act exceeds the obligation on July 20, 201.

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