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(영문) 대구지방법원서부지원 2015.01.08 2014가합3970
사해행위취소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 86,139,932 and KRW 85,485,695 among them.

Reasons

1. Basic facts

A. 1) On September 20, 201, the Plaintiff entered into a credit guarantee agreement. The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

between the credit guarantee principal and the credit guarantee agreement (hereinafter “instant credit guarantee agreement”) setting the credit guarantee term as of September 20, 2012, with the term of 85,000,000 won and the credit guarantee term (hereinafter “instant credit guarantee agreement”).

(2) Upon entering into the instant credit guarantee agreement, the Defendant Company agreed to pay to the Plaintiff the amount of subrogated payment and the amount of damages for delay, a substitute payment, etc. at the rate determined by the Plaintiff from the date of payment of the amount of subrogated payment to the date of full payment. The rate of damages for delay determined by the Plaintiff is 14% per annum until three months after the performance of the guaranteed obligation, 16% per annum from the next day until November 30, 2012, and 12% per annum from the next day.

3) Defendant B and C jointly and severally guaranteed the liability for indemnity to be borne by the Defendant Company to the Plaintiff under the instant credit guarantee agreement. 4) Defendant Company was granted a loan of KRW 100,000,000 from the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) on September 22, 2011 as a security for a credit guarantee certificate issued by the Plaintiff.

B. On June 4, 2012, the Daegu Bank notified the Plaintiff of a credit guarantee accident due to delinquency in interest on the part of the Defendant Company on May 24, 2012. The Plaintiff subrogated the Daegu Bank on June 19, 2012 to pay the total amount of KRW 85,767,235, and appropriated the amount of KRW 281,540 recovered from the Defendant Company by the method of refunding the guarantee fee. 2) Meanwhile, the Plaintiff’s confirmed damages related to the instant credit guarantee agreement are KRW 107,000,000, and the substitute payment is KRW 654,130,00.

C. Real estate listed in the separate sheet (hereinafter “instant real estate”) in the attached sheet of Defendant C’s disposal disposition, etc.

On June 15, 2005, the right to collateral security was established at the Daegu Bank of Korea, the debtor C, the maximum debt amount of which is KRW 67,200,000 (the later date).

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