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(영문) 수원지방법원 2016.08.09 2015가단23006
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) entered into a credit guarantee agreement with the Credit Guarantee Fund in which the credit guarantee amount is KRW 85,000,000 on June 21, 2001, and received a loan of KRW 100,000 from the Korean Bank (hereinafter “Korea Bank”) under the credit guarantee of the Credit Guarantee Fund.

On February 26, 200, C took out a loan of KRW 100,000 from the bank on March 3 of the same year following the credit guarantee of the Korea Technology Credit Guarantee Fund. The Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with C on February 23, 2006 with a credit guarantee amount of KRW 85,000,000 in order to take over a guarantee obligation of the said Korea Technology Credit Guarantee Fund as a discharge.

At the time of the above credit guarantee agreement, B, Egypt guaranteed all obligations to be borne by C to the Credit Guarantee Fund in accordance with the above credit guarantee agreement.

B. C on January 2, 2007, due to the delinquency in interest, lost the benefit of the time limit for each of the above loans. On May 31, 2007, as a credit guarantee of C, the Credit Guarantee Fund subrogated to the Bank the principal and interest of the guaranteed obligation amount of KRW 176,450,590.

C. The Plaintiff agreed between B and B upon the request of B as the representative director of C, and between B and B, that the Plaintiff would be liable for losses incurred to the Plaintiff, such as subrogation, if the Plaintiff repaid the Credit Guarantee Fund with the reimbursement liability as stated in the above sub-paragraph (b). Accordingly, on December 31, 2008, the Plaintiff acquired the indemnity liability under the above sub-paragraph (b) which was borne by C with the Credit Guarantee Fund.

(A) The Korea Credit Guarantee Fund (hereinafter “Credit Guarantee Fund”) has reduced the amount of the indemnity liability to KRW 130,000,000 in lieu of the Plaintiff’s dual acceptance of the indemnity liability. Moreover, the Plaintiff’s credit guarantee of the Korea Credit Guarantee Fund (the credit guarantee certificate issued at the time was issued by the Plaintiff’s representative as the principal guarantor to the company “D”) on the same day. The amount of KRW 130,00,000 from the NA.

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