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(영문) 광주지방법원 2018.09.20 2018가합51084
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 331,786,455 and KRW 171,352,214 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A,” and, in the case of other Defendants, the entry of the Co., Ltd. is omitted), as listed below (hereinafter “each of the instant credit guarantee agreements”). Defendant B, based on the respective credit guarantee agreements, jointly and severally guaranteed the liability for indemnity that Defendant A bears to the Plaintiff.

(1) On July 23, 2015, G Bank 2H 102 H 102,000,000 on August 22, 2014 (the period extended to August 18, 2017) G Bank 2 H 102,000,000 on July 23, 2017, G Bank 3 I85,000,000,000 on April 25, 2013 (the period extended to April 20, 2018) the Plaintiff’s repayment of the Plaintiff’s debt guarantee liability to the Plaintiff on April 24, 2014 (the period extended to April 20, 2018) by an enterprise bank 485,000,000,0000,0000 annually extended to the Plaintiff’s repayment of each of the instant penalty to the Plaintiff on May 25, 2016.

B. The occurrence of a credit guarantee accident, and the Plaintiff’s subrogation from April 15, 2017 to June 11, 2017, Defendant A acknowledged the occurrence of a credit guarantee accident, starting from the date of delinquency of the loan interest between April 15, 2017 and June 11, 2017, causing a credit guarantee accident on August 7, 2017 and the date of the final completion of the credit guarantee accident as stated in Gap evidence 5;

On September 20, 2017, the Plaintiff paid 171,352,214 won to a corporate bank on September 20, 2017 (i.e., KRW 85,587,254, KRW 85,764,960), and on January 23, 2018, G Bank paid 158,910,977 won (i.e., KRW 55,674,236, KRW 103,236,74, KRW 1036,741), and penalty accrued (i.e., KRW 441,320, KRW 982,270), and expenses incurred (i.e., KRW 467,217, recovered KRW 367,543).

C. Defendant A’s establishment of the right to collateral security is recorded in the attached Table.

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