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(영문) 광주지방법원 2015.09.24 2015가합50431
사해행위취소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 164,138,012 and KRW 161,394,393 among the Defendants.

Reasons

1. On July 19, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the part of July 19, 201, setting the guarantee number of KRW 1,080,00,00 (hereinafter “Defendant A”) and the guarantee number of KRW 1,080,00,000, and the guarantee period of KRW 157,302,00) on the part of June 15, 2018. Defendant B and C jointly and severally guaranteed the liability for compensation that Defendant A owes to the Plaintiff under the credit guarantee agreement of this case.

The content of the credit guarantee agreement of this case is that when the plaintiff fulfills the guaranteed obligation, the defendant A pays to the plaintiff the amount of subrogation, damages for delay pursuant to the rate determined by the plaintiff (12% per annum), penalty, expenses incurred in the performance of guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of rights.

Defendant A obtained a loan from the Gwangju Bank in accordance with the instant credit guarantee agreement, and caused a credit guarantee accident that would lose the benefit of time on June 19, 2014.

The Plaintiff subrogated to the Gwangju Bank Co., Ltd. for KRW 161,394,393 on October 7, 2014 in accordance with the instant credit guarantee agreement, and the penalty to be paid to the Plaintiff by Defendant A in accordance with the said credit guarantee agreement is KRW 551,630, and the unpaid amount out of the claims preservation expenses incurred under the said credit guarantee agreement is KRW 2,191,989.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A is a debtor for indemnity against the credit guarantee agreement of this case. Defendant B and C are jointly and severally liable for the said credit guarantee agreement, and jointly and severally liable for the said credit guarantee agreement, KRW 164,138,012 (= KRW 161,394,393, 551,630 won, 2,191,989 won, and the subrogated payment of KRW 161,394,393, which is the date of subrogation, against the said Defendants.

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