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(영문) 수원지방법원 2019.05.31 2018가단551878
구상금 및 사해행위취소
Text

1. The extent of KRW 59,00,000, which was concluded on December 18, 2015 between the Plaintiff and the Defendant is KRW 19,527,861.

Reasons

1. Facts of recognition;

A. The Plaintiff’s Intervenor’s claim 1) The Plaintiff’s Intervenor’s Intervenor on March 2, 2015, as between A and A, and A Co., Ltd. (hereinafter “C”).

(1) The term of a credit guarantee agreement under which the term of the guarantee principal is set at 15,00,000,000 and the term of the guarantee (hereinafter “instant guarantee agreement”) to guarantee the repayment of the loan owed to it (hereinafter “instant guarantee agreement”).

(2) According to the instant guarantee agreement, the Plaintiff’s Intervenor acquired prior right to reimbursement when a cause for registration, such as overdue information, as stipulated in the “Credit Information Management Rules” of the Federation of DDR against the obligor, and further, when the Plaintiff’s Intervenor fulfilled the guaranteed obligation, the obligor under the said guarantee agreement provides for the Plaintiff’s Intervenor as follows: (a) the amount paid by the Plaintiff’s Intervenor for the performance of the guaranteed obligation; (b) the amount paid by the Plaintiff’s Intervenor for the performance of the guaranteed obligation; (c) the amount paid by the Plaintiff’s Intervenor at the rate determined by the Plaintiff’s Intervenor from the date of subrogation to the date of repayment; (d) the expenses paid by the Plaintiff’s Intervenor for the performance

3) On March 11, 2015, A submitted a credit guarantee certificate issued by the Plaintiff’s Intervenor under the instant guarantee agreement to C and borrowed money from C (hereinafter “instant loan”).

(4) On May 21, 2016, A had received a credit guarantee accident that would lose the benefit of time by delinquency in paying interest on the instant loan. Accordingly, the Plaintiff’s Intervenor was notified of the credit guarantee accident by C on July 18, 2016.

5) Accordingly, on August 11, 2016, the Plaintiff’s Intervenor subrogated to C for KRW 15,138,934 of the instant loan on behalf of A, and collected KRW 424,610 on the same day and collected KRW 424,610 on August 11, 2016, the amount of claims for reimbursement against A by the Plaintiff’s Intervenor is KRW 14,714,324. 6).

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