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(영문) 서울중앙지방법원 2017.05.12 2015가합572958
구상금 및 사해행위 취소의 소
Text

1. As to KRW 294,416,255 and KRW 293,789,438 among the Plaintiff, Defendant A shall be from November 11, 2015 to December 10, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with Defendant A on January 23, 2009 with a credit guarantee principal of KRW 140 million, and the period of the credit guarantee from January 23, 2009 to January 22, 2010 (the subsequent credit guarantee period was changed to January 15, 2016) (hereinafter “the first agreement”), and the credit guarantee agreement with the Plaintiff on December 22, 209 with a credit guarantee principal of KRW 76.5 million, and the credit guarantee period from December 22, 209 to December 21, 2010 (the period of the credit guarantee agreement thereafter was changed to December 18, 2015), with a credit guarantee agreement with the Plaintiff at the rate of KRW 140,500,000,000,000,000,000,000 from January 23, 209 to December 14, 2015, respectively, as the period of the credit guarantee agreement between the Plaintiff’s subrogation and its principal.

B. Defendant A, based on a credit guarantee letter issued pursuant to each of the above credit guarantee agreements, received loans from the Industrial Bank of Korea for KRW 20 million on January 23, 2009, KRW 90 million on December 22, 2009, KRW 405 million on December 17, 2014, and KRW 40 million on April 14, 2015, respectively.

C. On April 18, 2015, Defendant A lost the benefit of time for each of the above loans due to a natural body. On November 11, 2015, the Plaintiff subrogated to the Bank for the payment of KRW 293,789,438 upon the instant credit guarantee agreement (i.e., KRW 74,971,971, pursuant to the instant credit guarantee agreement of KRW 35,683,993 pursuant to the instant agreement of KRW 37,101,863 pursuant to the instant agreement of KRW 146,032,385, pursuant to the mutual agreement of KRW 146,97, pursuant to the mutual agreement of KRW 2).

On the other hand, the Plaintiff.

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