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(영문) 대전지방법원 2016.06.23 2015가합105647
사해행위취소, 구상금
Text

1. Defendant A Co., Ltd. and B jointly and severally for the Plaintiff KRW 1,251,423,445 and KRW 1,251,067,359 among them

Reasons

1. Presumed facts

A. The Plaintiff and Defendant A entered into a credit guarantee agreement with Defendant A and the Plaintiff on August 5, 2013 with the credit guarantee principal of KRW 119,00,00,000, and the credit guarantee period of the Credit Guarantee Agreement with the creditor (hereinafter “Agreement 1”) on August 4, 2014; (a) the credit guarantee agreement with the creditor’s representative director was concluded on August 4, 2014; (b) the credit guarantee agreement with the Industrial Bank of Korea (hereinafter “Agreement 2”); (c) the credit guarantee agreement with the creditor on August 4, 2014; (d) the credit guarantee agreement with the creditor at the Industrial Bank of Korea on April 10, 201; (e) the credit guarantee agreement with the credit guarantee principal of KRW 156,00,00,000; and (e) the credit guarantee agreement with the Industrial Bank of Korea as the creditor’s creditor; and (e) the Defendant A’s respective representative director obtained a loan from each of the above Defendants 1 and 200000,1000.4.

3) On August 4, 2014, the Plaintiff notified the Industrial Bank of Korea of the term of “the guaranteed principal” under Article 112,00,000,000, and the term of “the term of “the guaranteed principal” under Article 2, changed the term of “the guaranteed principal” to August 4, 2015, and notified the Bank of Korea of the change to the term of “the term of “the guaranteed principal” under the Article 2, to August 4, 2015.

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 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. On May 22, 2015, Defendant A suspended current account transactions on behalf of the Plaintiff on May 22, 2015. Accordingly, the Industrial Bank of Korea demanded the Plaintiff to pay for the Defendant A’s loan obligation, and the Plaintiff to the Industrial Bank of Korea on July 13, 2015.

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