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(영문) 광주지방법원 2014.12.23 2013가단519311
구상금및사해행위취소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally with the Plaintiff KRW 70,824,384 and KRW 70,157,444, respectively, from August 6, 2013 to December 12, 2013.

Reasons

1. Claims against the defendant A and B

A. On September 1, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A with respect to KRW 90,000,000,000,000 of the credit guarantee principal (in this case, the amount shall be changed to KRW 68,50,000,00) and the credit guarantee period shall be until September 1, 2010 (in this case, until August 30, 2013), and the Defendant B jointly guaranteed the Plaintiff’s obligation under the said credit guarantee agreement. (2) On August 6, 2013, the Plaintiff jointly guaranteed the Plaintiff’s obligation to one bank, one of which was due to the occurrence of the occurrence of the guaranteed event of delinquency in the principal and interest of Defendant A, the principal and interest of the Defendant’s loan amounting to KRW 70,157,444,00,000,000,000,000,000,000,000).

[Reasons for Recognition] Confession (Article 150 of the Civil Procedure Act)

B. Therefore, Defendant A and B are jointly and severally liable to pay to the Plaintiff the total amount of KRW 70,824,384 (i.e., total amount of KRW 70,157,444, and KRW 666,940, whichever is the date of subrogation for the amount of KRW 70,157,444, whichever is the date of service of a duplicate of the complaint in this case, 12% per annum per annum from August 6, 2013 to December 16, 2013, which is the date of service of a duplicate of the complaint in this case, and 20% per annum from the following day to the date of full payment.

2. Claim against Defendant C

A. Fact 1) On September 1, 2009, the Plaintiff entered into a credit guarantee agreement between Defendant A and the above Defendant with respect to KRW 90,50,000,000 of the credit guarantee principal (a change of KRW 68,000,000,000) and the credit guarantee period until September 1, 2010 (a later extension of the period until August 30, 2013). On August 6, 2013, the Plaintiff paid a total of KRW 70,157,444 to Han Bank on the ground of the occurrence of the foregoing Defendant’s guarantee of arrears with the principal and interest.

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