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(영문) 대전지방법원 2017.01.18 2016가합101697
구상금, 사해행위취소
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd., and B, jointly and severally KRW 998,55,227 and KRW 993,67,126 of the above amount.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”).

2) As to the Defendants’ 1 and 2, foreign exchange banks and NongHyup Bank (hereinafter “Foreign Exchange Bank, etc.”) are deemed to be foreign exchange banks.

In order to secure the principal and interest of loans from the recipient of loans, two credit guarantee agreements were concluded as listed below (hereinafter “instant guarantee agreement”) (hereinafter “the instant guarantee agreement”), and individually, “the 00 guarantee agreement” according to the sequences.

(2) On April 21, 2014, Defendant Company 1, 201, 1, 200,000,000, Defendant Company 1, on April 22, 2013, 201, extended money from a foreign exchange bank, etc. on April 21, 201, Defendant B, on November 9, 201, with a credit guarantee agreement issued by the Plaintiff pursuant to the said guarantee agreement as collateral.

On the other hand, Defendant B guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the first guarantee agreement.

3) According to the instant guarantee agreement, where the Plaintiff performs the guaranteed obligation under the guarantee agreement, the primary debtor and the joint guarantor shall reimburse the Plaintiff, ① the amount of the Plaintiff’s performance of the guaranteed obligation paid for the performance, ② the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation and transfer of the right acquired through the performance of the guaranteed obligation, ③ the unpaid guarantee fee, overdue guarantee fee, and penalty, etc. Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum from November 11, 2015 to January 31, 2016, and 10% per annum from the following day to the closing date of argument. (B) The occurrence of the guaranteed accident and the Plaintiff’s subrogation 1) the Defendant Company incurred a guarantee accident as prescribed in each of the instant insurance contracts due to the failure to pay the Defendant Company on October 2, 2015.

2. The foreign exchange bank, etc. shall raise objection to the Plaintiff.

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