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(영문) 서울고등법원 2015.01.23 2014나2007764
구상금 및 사해행위취소 등
Text

1. The defendant D's appeal shall be dismissed;

2. All appeals filed by the Plaintiff and Defendant J are dismissed.

3. The costs of appeal shall be individually counted.

Reasons

Facts of recognition

On April 22, 2004 (amended 512,00,000,000) April 22, 2004, each of the credit guarantee agreements of this case was concluded on March 170, 200,000 (amended 104,000,000) on March 10, 206 (amended 104,000,000,000) for the guaranteed principal (the extended 104,000,000,000) for the guaranteed principal (the extended 104,000,000) for the guaranteed principal (the extended 8 March 8, 2013), and each of the credit guarantee agreements of this case was concluded with the joint Defendant A Co-Defendant A (hereinafter referred to as the “A”), and each of the above credit guarantee agreements was concluded by Korea (hereinafter referred to as the “A bank”).

C, C’s wife B, K, and C’s married Defendant D jointly and severally guaranteed each of the above obligations against the Plaintiff.

According to the credit terms and conditions of each of the instant guarantee contracts, A may seek advance reimbursement when A closes its business or fails to conduct its business for at least three consecutive months. In the event that the Plaintiff pays by subrogation, A shall pay to the Plaintiff all incidental obligations, such as the amount subrogated by the Plaintiff, the delay compensation therefor, the penalty, the execution, preservation and exercise of claims, and expenses incurred in legal proceedings.

The rate of damages for delay for the amount of indemnity paid by the plaintiff is 15% per annum from June 1, 2005 to the date.

The Plaintiff’s subrogation closed around June 19, 2012, and did not repay the principal and interest of the said bank, and the Plaintiff paid 62,172,308 won by subrogation of the loan principal as stated in the table 1 of the said bank’s loan principal, upon request for performance of guarantee payment, 512,00,000 won and interest 5,02,093 won and interest 1,00,000 won and interest 1,170,215 won, and 62,172,308 won by subrogation of the loan principal stated in the table 2 of the said bank’s loan principal.

The remainder, other than the amount appropriated as principal of the subrogated payment, from the principal of the subrogated payment on the date of recovery of the amount to the principal of the subrogated payment, shall be appropriated as the substitute payment. (1) The principal of the subrogated payment collected during the calculation period of the finalized damages.

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