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(영문) 광주고등법원 2015.08.19 2013나10443
사해행위취소
Text

1. The part against Defendant D in the judgment of the first instance shall be revoked.

2. Each building listed in separate sheet Nos. 4 to 6.

Reasons

1. Facts of recognition;

A. 1) Co-Defendant A of the first instance trial (hereinafter “A”)

B) On October 30, 2008, between the Plaintiff and the Plaintiff, the amount guaranteed by KRW 54 million and the term of guarantee was extended by October 29, 2009 (this later, October 29, 2010).

(i)a credit guarantee agreement to be made (hereinafter referred to as “1 credit guarantee agreement”);

(1) Upon entering into a credit guarantee agreement and being issued a credit guarantee agreement, the Bank has provided the said credit guarantee agreement with the Bank on the same day and has borrowed the amount of KRW 60 million (hereinafter referred to as “first loan”).

(C) Codefendant C Codefendant Co., Ltd. (hereinafter “C”) in the first instance trial.

(2) On October 29, 2009, C entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with a guarantee term of KRW 99 million and the term of guarantee until October 28, 2010 (hereinafter “No. 2 credit guarantee agreement”). The first credit guarantee agreement and the second credit guarantee agreement are collectively referred to as “each of the instant credit guarantee agreements”) and received loans of KRW 110 million from the Industrial Bank of Korea on the same day following issuance of a credit guarantee certificate.

(3) Under each credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, the credit guarantee agreement holder shall pay to the Plaintiff the amount of the obligation and the amount of damages for delay in accordance with the interest rate (15%) set by the Plaintiff after the date of the performance of the guaranteed obligation. (B) The occurrence of the guaranteed accident and the subrogated payment (1) A lost the benefit of time due to delinquency in the interest on the first loan on October 29, 201, and on January 31, 201, the Industrial Bank of Korea claimed against the Plaintiff for the performance of the guaranteed obligation under Article 1 agreement, the Plaintiff subrogated to the Industrial Bank of Korea amount of KRW 5,058,968 on February 9, 201.

2 C, on October 28, 2010, lost the benefit of time due to the delayed payment of interest on the loans No. 2. Accordingly, on February 10, 201, the Industrial Bank of Korea concluded a credit guarantee agreement with the Plaintiff.

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