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(영문) 대전지방법원 2016.05.26 2014가합100829
사해행위취소, 구상금
Text

1. Defendant Fisheries Partnership A, B, C, D, and E are jointly and severally owned by the Plaintiff and 242,311,772 won and 237,458 among them.

Reasons

1. Presumed facts

A. The Plaintiff created a claim for reimbursement against Defendant A, B, C, D, and E (i) the Plaintiff entered into a credit guarantee agreement with Defendant A by April 30, 2013, with the credit guarantee principal of 270,000,000, and the credit guarantee period of 270,000,000 on May 2, 2012, with the creditor Suhyup Bank, and Defendant B, C, D, and E jointly and severally guaranteed the said credit guarantee agreement. (ii) According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the scope of reimbursement for the principal and joint guarantor is as follows:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 2 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. Unpaid guarantee fees, guarantee money for delay, and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new report from the payment date of each expense to the repayment date.

7. Defendant A was granted a loan of KRW 300 million from the Suhyup Bank on May 2, 2012 based on the credit guarantee, but Defendant A, the representative director of Defendant A, was registered as credit management information pursuant to the Credit Information Management Rules of the Korea Federation of Banks (the Korea Federation of Banks) on May 15, 2012; 4) accordingly, the Suhyup Bank demanded the Plaintiff to pay for the Defendant A’s loan obligation by subrogation, and the Plaintiff subrogated to the Suhyup Bank of KRW 273,491,03 (principal principal KRW 270,000,000,000) on February 12, 2014.

B. Defendant A, B, C, and E’s disposal act was conducted as follows:

The EF Attached Form 1 of EF, each real estate and each machinery, apparatus, etc. of KRW 3,101,00,000,000 on April 29, 2013, each of which is the cause of the other party to the disposal act, and each of the real estate listed in Attached Form 2 of G, and each of the machinery, apparatus, etc. of KRW 740,00,000 on April 29, 2013, each of which is a contract to enter into a contract on April 29, 2013.

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