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(영문) 대구지방법원 2018.05.03 2017가합204326
구상금 및 사해행위취소
Text

1. As to KRW 288,654,795 and KRW 286,62,60 among the Plaintiff, Defendant A shall be from May 30, 2017 to June 30, 2017.

Reasons

1. The following facts can be acknowledged as follows: there is no dispute between the Plaintiff, Defendant B, and Defendant C, or as a result of the fact-finding conducted by the Minister of Court Administration, Han Bank, and Msan Fisheries Association, as a result of the credit information inquiry conducted by this court on the Korea Credit Information Institute, based on the results of the credit information inquiry conducted by this court on the Hyundai Capital Capital Co., Ltd., NFFC, Han Bank, Nonghyup Bank, Nonghyup Bank, and Small and Medium Business Corporation; and the plaintiff and Defendant A are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

In order to guarantee the payment of the principal and interest of loans to Han Bank Co., Ltd. (hereinafter “ Han Bank”), Defendant A entered into a credit guarantee agreement with the Plaintiff on May 9, 2014, stating that the guaranteed amount shall be KRW 195,500,000 as of May 8, 2015 (the extended period until May 4, 2017) and that the Plaintiff would provide credit guarantee cycle for the principal and interest of loans to Han Bank as of May 8, 2015 (hereinafter “instant first agreement”). Under the Plaintiff’s guarantee under the said credit guarantee agreement, the Plaintiff was loaned KRW 230,000,000 from Han Bank around that time.

Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on October 2, 2014 with a guarantee term of KRW 288,000,000,000, and until October 1, 2019, with a guarantee term of KRW 200,000,000 (hereinafter “instant agreement”) with the Plaintiff as a credit guarantee cycle for the principal and interest of loans to Defendant A A A. A bank. Under the Plaintiff’s guarantee under the said credit guarantee agreement, Defendant A borrowed KRW 360,000 from Han Bank around that time.

When Defendant A entered into the above credit guarantee agreement and the Plaintiff performed the above guaranteed obligation, the amount of the Plaintiff’s subrogated payment and the amount of interest determined by the Plaintiff after the date of subrogation.

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