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(영문) 수원지방법원 2018.04.18 2017가합17736
사해행위취소 등
Text

1. Defendant A shall pay to the Plaintiff KRW 168,875,00 and the interest rate of KRW 15% per annum from August 2, 2017 to the date of full payment.

Reasons

Basic Facts

On April 9, 2013, the Plaintiff entered into a credit guarantee contract with B Co., Ltd. (hereinafter referred to as “B”), setting the guarantee period from April 9, 2013 to April 6, 2018 as KRW 255,00,000, and issued the written credit guarantee.

On April 19, 2013, Nonparty Company borrowed KRW 300,000,00 from the National Bank of Korea as collateral, but did not perform the obligation to pay interest to the National Bank of Korea on February 20, 2014, which lost the benefit of the lending obligation.

On April 30, 2014, the Plaintiff subrogated part of the principal and interest of a loan to the National Bank of Korea in accordance with the above credit guarantee contract, and filed a lawsuit against the non-party company seeking reimbursement of KRW 260,867,808 of amount of reimbursement and delayed payment damages (the Changwon District Court through the Changwon District Court 2014Da10549). The judgment became final and conclusive as it is.

1. The defendant company and the non-party company shall complete all of the lawsuits (or withdrawals) pending between the two companies (or withdrawals) by withdrawing (or withdrawals) any lawsuit (or withdrawals) filed between the two companies (the Busan High Court Decision 2016Na53107, the Suwon District Court 2016Da53791, the Suwon District Court 2016da591, the Busan District Court 2016Gahap2454, and the Busan District Court 2016Gadan43014), and shall bear each of the costs of the lawsuit related to

2. The non-party company, which entered into on February 25, 2014 between the defendant company and the non-party company, confirmed on December 12, 2013 that the contract for the assignment of claims of KRW 198,678,600 was cancelled (in case where the contract for the assignment of claims was terminated) since the defendant company sold to the two-party fishery company (hereinafter referred to as "dual fishery company") on December 12, 2013. Accordingly, the non-party company consented to the withdrawal of the notification of the above contract for the assignment of claims by the defendant company to the two-party fishery company and notified the non-party company that the above contract for the assignment of claims was cancelled (in case where the contract was terminated).

3. The defendant company is the non-party.

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