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(영문) 대구지방법원 2015.05.20 2014나303523
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The conclusion of a credit guarantee agreement and joint guarantee 1) Non-Party C (hereinafter “Non-Party C”)

A) Around December 10, 2009, between the Plaintiff and the Plaintiff, the amount of security deposit of KRW 240,000,000,000, and the term of guarantee of December 10, 2010 (whichever is later extended to December 9, 201) shall be determined by a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) After the conclusion of the credit guarantee agreement, the non-party foundation received a loan of KRW 300,00,000 from the non-party Industrial Bank of Korea as collateral. (2) According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation pursuant to the credit guarantee agreement of this case, the non-party foundation provided that the plaintiff shall pay to the plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the plaintiff, and the expenses incurred in preserving and exercising the rights acquired by the plaintiff as a result of the repayment of the guaranteed obligation and the performance of the guaranteed obligation. The rate of delay damages for the subrogated amount determined by the plaintiff is 14% per annum from the date of subrogation until the

3) On or around December 10, 2009, Form A B of the Financial Director of the Non-Party Foundation, who was the representative at the time of the Non-Party Foundation, was a financial director of the Non-Party Foundation A and the Non-Party Foundation, an agreement between the Plaintiff and the Plaintiff on the joint and several guarantee of all debts owed by the Non-Party Foundation to the Plaintiff pursuant to

B) Around December 7, 2011, the Plaintiff’s claim for indemnity and the collection of partial amount of indemnity 1) Nonparty Foundation lost the benefit of time by causing a credit guarantee accident on December 7, 201, and on December 29, 2011, the Plaintiff subrogated for KRW 242,43,450 to the Industrial Bank of Korea in accordance with the instant credit guarantee agreement, and on November 21, 2012, the Plaintiff’s claim for indemnity based on November 21, 2012 (i) KRW 280,541,435 in total (i.e., KRW 242,43,450 in total) (i.e., KRW 238,610 in addition to guarantee fees of KRW 238,610 in substitute, KRW 4,114,670 in substitute payment).

2. Meanwhile, the plaintiff is Daegu District Court.

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