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(영문) 서울중앙지방법원 2015.04.23 2014가합548576
구상금, 사해행위취소
Text

1. As to the Plaintiff’s KRW 272,58,254 and KRW 270,996,715 among the Plaintiff’s KRW 272,58,254, Defendant A, from June 24, 2014 to September 20, 2014.

Reasons

1. Basic facts

A. On August 29, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, and issued a credit guarantee agreement with Defendant A, and Defendant A, on the same day, provided credit guarantee under the Credit Guarantee Fund Act to the principal and interest obligation to be borne by obtaining a corporate general loan from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), within the scope of the above credit guarantee.

(2) According to the credit guarantee agreement of this case on August 29, 2013, the term of guarantee principal guaranteed on the date of the credit guarantee (hereinafter "credit guarantee of this case"). According to the credit guarantee agreement of this case, when the plaintiff performs the above guarantee obligation, the defendant is obligated to pay the above repayment amount and its delay damages (the rate of delay damages: 12% per annum from December 1, 2012 to the date of full payment), additional guarantee fees, claims preservation expenses, etc. (the occurrence and scope of claims for indemnity) as the closure of business on May 22, 2014, thereby losing the benefit of the credit guarantee of this case, but it did not recover the amount of the loan of this case from the date of performance to the date of full payment, and the amount of the loan of this case as the repayment of the credit guarantee of this case was not confirmed by the National Bank under the credit guarantee agreement of this case.

On June 24, 2014, the amount of loss determined by calculating the amount of loss to be recovered as the date of subrogation on June 24, 2014, x 12/100x 1/365 (one day from June 24, 2014 to June 24, 2014) 205 won (one day from June 24, 2014 to June 24, 2014) and other cases by the Plaintiff.

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