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(영문) 대구지방법원 2016.07.15 2015가합206113
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 564,272,450 and KRW 172,429,178.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement and entered into a credit guarantee agreement between the Defendant Company and each credit guarantee agreement between the Defendant Company to provide the credit guarantee within the scope of the credit guarantee (hereinafter “instant credit guarantee agreement”), and Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed all the obligations, such as the amount of indemnity to be borne by the Defendant Company in accordance with the said credit guarantee agreement.

(2) On April 22, 2005, 2007, E 160,000,000 won was extended until April 17, 2015) (2) April 20, 2007, and (3) April 18, 2012, 2012 (Extension of the period until April 10, 2015), the company made a payment by subrogation to the Plaintiff on March 8, 2013 (Extension of the period from February 24, 2014 to September 13, 2015) (the period from March 10, 2015 to April 10, 2015) (the period from March 9, 2012 to September 24, 2013, the company made a payment by subrogation to the Plaintiff, including the amount of delayed payment by subrogation, calculated by the Plaintiff as a credit guarantee debt repayment rate of the Plaintiff (the period from February 24, 2014 to September 25, 2013).

(3) The Defendant Company received each credit guarantee letter from the Industrial Bank of Korea and the National Bank of Korea based on the credit guarantee agreement as set forth in the above table Nos. 1, (2), and (3), respectively, and provided 70 million won in total from the Industrial Bank of Korea and the National Bank of Korea (the Industrial Bank of Korea KRW 100 million in KRW 200 million in the Bank of Korea).

B. (1) The Industrial Bank of Korea, the National Bank of Korea, and EsMTex requested the Plaintiff to discharge the guaranteed obligation on behalf of the Defendant Company, as the occurrence of a guarantee accident, and the Plaintiff’s performance of the guaranteed obligation (1) the Defendant Company lost its benefit due to a credit guarantee accident that occurred in early May 2015. The Plaintiff claimed reimbursement of the guaranteed obligation on behalf of the Defendant Company, 564,186,098 = (1).

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