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(영문) 서울중앙지방법원 2016.06.10 2015가단5375735
사해행위취소
Text

1. As to KRW 13,191,362 and KRW 12,046,202 among the Plaintiff, Defendant A shall be from January 15, 2016 to February 4, 2016.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each of the statements in Gap evidence No. 1-1-3, Gap evidence No. 2, Gap evidence No. 3, and No. 4-1 and No. 4-2:

On October 31, 2013, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant with respect to the monetary obligation to be borne by Defendant A from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), with the term of 15,00,000 won and the term of guarantee until October 31, 2018, and issued a credit guarantee agreement to Korea on the same day. According to the said credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant A pays the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, (i) the amount paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation, (ii) the amount paid by the Plaintiff from the date of subrogation to the date of the repayment thereof, (iii) the expenses paid by the Plaintiff for the performance of the guaranteed obligation, (iv) the unpaid guarantee fee, additional guarantee fee, and overdue guarantee fee.

Luxembourg on October 31, 2013, the credit guarantee written credit guarantee was provided to Defendant A with a loan of KRW 15,00,000 for corporate working division loans by the end of October 31, 2018.

Defendant A, on September 7, 2015, failed to repay in installments any longer, thereby losing the benefit of the loan due to delay in the repayment of principal and interest on October 12, 2015.

x) On January 15, 2016, the Plaintiff acquired the claim for reimbursement against the Defendant A by paying the amount of KRW 12,046,202 in subrogation of the said principal and interest of loan to the Bank on behalf of the Defendant A. Of the legal procedure expenses incurred by the Plaintiff for the preservation, etc. of the said claim for reimbursement, the outstanding amount is KRW 1,145,160, and the rate of delay damages determined by the Plaintiff for subrogation.

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