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(영문) 대전고등법원 2016.10.27 2015나15311
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1.In fact, each of the facts under recognition may be found either in dispute between the parties or in full view of the respective entrys and the whole purport of the arguments in Gap evidence 1 to 7, 9, 10, and Eul evidence 1 to 5 (including each number; hereinafter the same shall apply).

The Plaintiff’s claim 1) On March 22, 2013, the Plaintiff held the office of representative director as the Plaintiff Company A (B).

hereinafter referred to as “A”

(2) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) shall be set at 12% per annum on March 21, 2014 and the guaranteed amount of KRW 270,000,000,000,000; and

(2) On March 22, 2013, A made a credit guarantee agreement and issued a credit guarantee form to the Suhyup Bank. B, and C, pursuant to the credit guarantee agreement in this case, jointly and severally guaranteed obligations owed by A to the Plaintiff. According to the credit guarantee agreement in this case, if the Plaintiff fulfilled its guarantee obligation to the Suhyup Bank, the principal obligor A and B, and C, a joint and several surety, and C, a joint and several surety, are paid to the Plaintiff the amount of the performance from the date of the performance to the date of full payment, as well as damages for delay in accordance with the interest rate determined by the Plaintiff, and the expenses for the preservation of claims.

A paid interest to the Suhyup Bank by July 23, 2014, but failed to pay the principal and interest of the loan until March 20, 2015, which is later due.

On August 25, 2014, the Suhyup Bank sent A’s non-performing notice of credit guarantee to the Plaintiff, and on June 8, 2015, the Plaintiff subrogated the Plaintiff to the Suhyup Bank for KRW 273,777,055 (= Principal KRW 2770,000,000).

In order to preserve the claim for reimbursement based on the credit guarantee agreement of this case, the payment by subrogation not paid by A is KRW 3,111,960, and the penalty for attempted penalty by A is KRW 1,460,750.

B. On August 14, 2013, the Defendant: (a) on August 14, 2013, determined the payment period of KRW 200 million as KRW 3 million per month; and (b) on January 14, 2014.

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