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(영문) 대구지방법원 2016.08.19 2015가합202333
사해행위취소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,225,246,04 and KRW 983,344,572 from December 30, 2014.

Reasons

1. It is recognized that there is no dispute between the parties to the judgment as to the claim, or that the following facts are acknowledged according to each of the statements in Gap evidence Nos. 1 through 3 (including each number), and the defendants are obliged to pay the money stated in the order to the plaintiff.

The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to provide credit guarantee within the scope of the credit guarantee for the obligation to be borne by the Defendant Company as listed in the following table, and Defendant B and C jointly and severally guaranteed all the obligation, such as indemnity to be borne by the Defendant Company in accordance with the above credit guarantee agreement.

(2) The repayment period of the guaranteed amount of KRW 1,00,000 as of December 19, 201 (the extension by December 19, 2014) of December 20, 201 (the extension by December 19, 2014) (2) of March 28, 2014. E 25,000,000 won as of March 27, 2015 (by April 10, 2015)

B. According to each credit guarantee agreement of this case, when the plaintiff performed a credit guarantee obligation, the defendant company decided to pay to the plaintiff the amount of subrogation and the damages for delay calculated by the rate of overdue interest (12% per annum) determined by the plaintiff from the date of subrogation to the date of repayment.

C. The Defendant Company issued a credit guarantee certificate pursuant to the above table Nos. 1,080,000,000 by the credit guarantee agreement, and borrowed 255,00,000 won from the new bank according to the credit guarantee agreement.

As a result of the Defendant Company’s loss of the benefit of time due to the occurrence of a credit guarantee accident, the Bank of Korea and the New Bank of Korea requested the Plaintiff to discharge the guaranteed obligation, and the Plaintiff, in lieu of the Defendant Company, repaid the Plaintiff’s total amount of KRW 1,216,606,609 [1 = (1) 984,057,592 (Korea Bank) on December 30, 2014 ② (2) 232,549,017 (Korea Bank) on February 13, 2015.

E. After that, the Plaintiff recovered the amount equivalent to KRW 713,020 and appropriated it for the claim for indemnity due to the subrogation against the Bank, thereby making the claim for indemnity money 1,215.

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