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(영문) 서울남부지방법원 2017.09.29 2017가단210345
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in the descriptions of Gap evidence Nos. 1, 2-1 to 5, Gap evidence No. 3-1 to 23, Gap evidence No. 4, 5, Gap evidence No. 6-1 to 5, Gap evidence Nos. 7 through 11, Eul evidence No. 8 and 9:

(2) On November 24, 2008, the Plaintiff changed the term of guarantee principal of the Bank (amount of loan) to KRW 85,000,000 (per October 14, 2016) (per 100,000,000) from 0.30,000 on November 6, 2008, the Industrial Bank of Korea was 85,000,000,000 won (per 10,000,000,000,000 won) from 0.3,00,000,000 won and KRW 56,10,000,000 (per 20,000,000,000 won) to KRW 13,06,30,000,000 on June 13, 2014, 2006.

(2) On October 14, 2016, the non-party company notified the non-party bank of a guarantee accident due to the loss of profit during the period of time, and thereafter, the Plaintiff received a claim for performance from the non-party bank, and on December 19, 2016, paid a total of KRW 2,979,548,808 in relation to each of the instant guarantee contracts on December 19, 2016.

(3) As above, the Plaintiff’s subrogated payment of the principal of subrogation and the expenses for the legal procedure of additional guarantee fees to be paid by the non-party company to the Plaintiff under each of the instant respective guarantee contracts (2,95,252,738 won in total) constituted KRW 2,99,95,252,738 in total (2,979,548,808 additional guarantee fees of KRW 287,600 in total.

(b)the defendant;

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