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(영문) 의정부지방법원 2016.08.24 2016가단110901
사해행위취소
Text

1. It was concluded on September 2, 2015 with respect to 330/60 shares of each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff entering into a credit guarantee agreement is referred to as the “instant credit guarantee agreement” collectively with B and two credit guarantee agreements (hereinafter referred to as the “instant credit guarantee agreement”).

B concluded a credit guarantee agreement and issued a written credit guarantee agreement. B obtained a loan of KRW 60,00,000 from the Bank (i) on March 18, 2014 as the subject of a credit loan for small and medium enterprises, and (ii) on November 7, 2014, as the guarantee of KRW 45,000,000, respectively. On March 17, 2015, each of the credit guarantee parties guaranteed the principal of the guarantee number on the date of the guarantee (80,000,000,000 on March 18, 2014) on March 17, 2015 (the extension on June 17, 2015) from the first guarantee of KRW 36,00,000,000 as the guarantee rate of KRW 80,000,000,000 on November 7, 2014 and each of the credit guarantee accidents guaranteed by each of the aforementioned credit guarantee parties.

Accordingly, on October 8, 2015, the Plaintiff subrogated the Industrial Bank of Korea amounting to KRW 91,485,801 (i.e., the guaranteed amount pursuant to the first guarantee of KRW 54,896,287, the guaranteed amount pursuant to the second guarantee of KRW 2,589,514).

As a result, the Plaintiff had a claim for reimbursement amounting to KRW 92,282,415 (=payment amounting to KRW 91,485,801,00,000,000,000,000,000,000,000,000).

Article 10 (Scope of Repayment) (1) When a foundation fulfills a guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of surety obligations;

2. The rate set by the Foundation from the date of performance to the date of repayment for the amount under subparagraph 1, and the amount calculated according to the calculation method.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. Unpaid guarantee fees, overdue guarantee fees, and additional guarantee fees.

6. With respect to the amount paid under subparagraphs 3 and 4, B’s property disposal B, which is calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Foundation from the date of payment to the date of repayment, shall cover each of the real estate listed in the separate sheet (hereinafter referred to as “the real estate”).

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