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(영문) 대구고등법원 2016.09.07 2015나23179
사해행위취소
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement. The Plaintiff is a ASEAN Co., Ltd. (hereinafter “AB”)

(3) Around June 29, 2009, the Plaintiff entered into a credit guarantee agreement (Evidence 1-1) with the same content as the credit guarantee agreement (Evidence 1-2) as indicated below on October 16, 2012, and entered into a credit guarantee agreement (Evidence 1-2) with the same content as the credit guarantee agreement as indicated below as the credit guarantee agreement. A loan was granted from an enterprise bank and Busan bank in an amount under each credit guarantee limit as listed below on September 24, 2014 on September 26, 2014, around 16, 2016: (a) around 20.6: (b) around September 17, 2014; (c) around 206: (a) around 16.20, the final date of the loan agreement; (b) around 2000,000,000 won loan agreement; and (c) around 20.16.207.209,2009.

3) The rate of damages for the amount of subrogation under the aforementioned credit guarantee agreement is 12% per annum from December 1, 2012 to the date. (B) On September 17, 2014, when a credit guarantee accident occurred due to loans and interest in arrears related to the second agreement as of September 17, 2014, the Plaintiff subrogated for KRW 215,092,266 to the Busan Bank on November 7, 2014.

2) On September 19, 2014, when a credit guarantee accident occurred due to loan interest and delinquency related to the agreement, the Plaintiff subrogated for KRW 90,806,657 to an enterprise bank on November 27, 2014. 3) The Plaintiff recovered KRW 551,240 in relation to the first agreement from ASEAN and collected KRW 551,240 in relation to the principal amount of indemnity.

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