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(영문) 수원지방법원 2017.12.07 2017가단514254
사해행위취소
Text

1. On April 3, 2017, the Defendant deposited with the Sungwon District Court Branch No. 1002, 201, 111,592,28 won, which was deposited by the Republic of Korea as Suwon District Court Branch No. 1002.

Reasons

1. Basic facts

A. The Intervenor’s Intervenor’s claim 1) The Intervenor’s Intervenor A (hereinafter “ Intervenor”)

(A) The debtor A (hereinafter referred to as “A”)

On November 19, 2009, the credit guarantee agreement was concluded with A on November 19, 2009, and the guarantee number C, amount guaranteed 47,500,000 won ( thereafter 38,000,000 won) was changed.

(B) The term of guarantee extended on November 18, 2010 ( thereafter, until November 18, 2016)

(2) The credit guarantee agreement provides a credit guarantee for the principal and interest to be borne by the Intervenor by receiving a loan from an enterprise bank. According to the above credit guarantee agreement, upon the Intervenor’s performance of the above guarantee obligation, A shall pay the Intervenor the amount subrogated by the Intervenor, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the final applicable guarantee fee rate from the day following the date of payment of the guarantee fee for the amount not terminated to the day before the expiration date of the guarantee, and other incidental obligations, such as legal procedure expenses paid by the Intervenor in delay. (2) A has lost its interest due to nonperformance, etc. to an enterprise bank, but did not pay the principal and interest of the loan.

On September 27, 2016, an intervenor paid 36,878,806 won to a corporate bank under credit guarantee.

According to the credit guarantee agreement, when the intervenor performs a guaranteed obligation, A shall pay the amount of the subrogated payment at an interest rate set by the intervenor after the date of performance. The agreed damages rate prescribed by the intervenor is 15% per annum from April 20, 2010 to April 28, 2015, and 12% per annum from April 29, 2015.

In addition, according to the above credit guarantee agreement, A paid expenses incurred in the enforcement, preservation, exercise, and legal procedure of a claim made by an intervenor. The balance of the legal procedure expenses paid by an intervenor to secure a claim for indemnity against A is 174.

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