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(영문) 서울중앙지방법원 2015.02.12 2014가단5101487
구상금 및 사해행위취소 등
Text

1. With respect to the shares of Category B and C in respect of buildings listed in Schedule I, each of the shares of Category B and C:

A. On April 9, 2013, between Defendant B and C.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and carried out a loan. The Plaintiff is a credit guarantee agreement with the content of the following table (hereinafter “each of the credit guarantee agreements in this case”) in the event that B and B obtain a loan from a financial institution on May 8, 2005 and March 4, 2009, and B obtain a loan from a financial institution.

C) The credit guarantee agreement of this case was concluded on March 23, 2009, 200,000 won on March 4, 2009, and the credit guarantee agreement of this case was changed to 25,00,000 won on March 3, 2010, each of the credit guarantee agreements of this case was changed to 30,50,000 won on June 25, 2005, 19,000 won on June 25, 200,00 won on March 25, 200,00 won on March 3, 2010 (the date of loan extension) and the credit guarantee agreement of this case was changed to 204.25,00 won on March 5, 200 (the date of loan extension) on June 8, 2005, each of the credit guarantee agreements of this case was changed to 30,000 won on March 24, 2009.

3. On the other hand, while entering into each credit guarantee agreement with B, the Plaintiff entered into a special agreement allowing B to exercise a prior right to indemnity in the event that the principal obligation is violated, the creditor of the loan is informed of a credit guarantee accident, or the claim for the discharge of the guaranteed obligation occurs.

B. A claim for indemnity accrued to Korea Exchange Bank B, on September 22, 2013, and on December 4, 2013, with respect to the Nonghyup Bank’s loan, the payment of interest on each of the above loans was made in arrears, thereby losing the benefit of the due date for each of the above loans. Upon the Plaintiff’s request for the performance of the guaranteed obligation by each of the above financial institutions, the Plaintiff subrogated for KRW 23,893,534 of the principal and interest of the loan to the Korea Exchange Bank on February 13, 2014 and KRW 24,892,986, and April 11, 2014, respectively.

(c) B and C;

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