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(영문) 서울중앙지방법원 2014.04.10 2013가합526883
사해행위취소
Text

1. Defendant A, Defendant B, and Selected C jointly and severally with the Plaintiff KRW 411,492,106 and 407 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) between Defendant A (hereinafter “Defendant Company”); (b) between the Defendant Company and the Industrial Bank of Korea, when the Defendant Company obtains a loan from the Industrial Bank of Korea; (c) concluded each credit guarantee agreement with the Industrial Bank of Korea as of May 14, 2008; (d) as of May 13, 2013; (b) as of April 17, 2009, the guaranteed amount of KRW 250,000,000; and (e) as of April 16, 2010 (as of April 12, 2013; (c) concluded each of the credit guarantee agreements with the Industrial Bank of Korea as to the guaranteed amount of KRW 250,00,000,000; and (e) received each of the credit guarantee agreements as a collateral; and (e) obtained each of the aforementioned guaranteed amount from each of the Defendant Company as a credit guarantee agreements as of March 4, 2015.

B. In the event that the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to pay the Plaintiff the amount of the guaranteed obligation and delay damages in accordance with the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the execution and preservation of claims, the exercise of the guaranteed obligation, and the expenses incurred in the legal procedures therefor. The Defendant B and the Selection

C. On December 31, 2012, the Defendant Company caused a credit guarantee accident that has lost the benefit of time due to the suspension of current account transactions. On February 4, 2013, the Plaintiff subrogated the Bank of Korea for the total amount of KRW 407,86,09,09 in accordance with each credit guarantee agreement in subrogation of the Defendant Company.

After that, the Plaintiff recovered KRW 781,80 on the date of discharge of the guaranteed liability, and the amount recovered was calculated at the rate of delay damages from the date of subrogation to the date of recovery (=781,800 won x 12% x 1/365, and less than won).

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