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(영문) 광주지방법원순천지원 2014.10.29 2013가합11271
구상금및사해행위취소
Text

1. As to KRW 256,709,817 and KRW 256,685,187 among the Plaintiff, Defendant A shall be from June 20, 2013 to September 5, 2013.

Reasons

1. Basic facts

A. On June 28, 2011 and August 31, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A, which operated D, under each credit guarantee agreement with the following contents (hereinafter referred to as the “O credit guarantee agreement of this case”), and issued each credit guarantee agreement to Defendant A according to the sequence below.

(E) On June 28, 2012, Defendant A, a creditor of the subject of guarantee (Guarantee Number) loan (E) on the date when the principal debtor agreement was entered into, and on August 30, 201, Defendant A, a creditor of June 28, 2011, bears a prior repayment obligation against the Plaintiff (Article 5(1) of the Credit Guarantee Agreement); Defendant A, where the Plaintiff performed a guaranteed obligation, is liable to compensate the Plaintiff for damages incurred from the performance of the guaranteed obligation and the payment of damages incurred by the Plaintiff on August 31, 2012, Defendant Gwangju Bank Co., Ltd. (F) KRW 85 million on August 31, 2012; and where Defendant A was notified of a credit guarantee accident from the creditor; and the Plaintiff closed his/her business, Defendant A is liable to compensate the Plaintiff for the damages incurred from the exercise of the guaranteed obligation (Article 5(1) of the Credit Guarantee Agreement).

(Article 10 of the Credit Guarantee Agreement). The rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date of the closing of argument in this case.

B. The loan between Defendant A and Defendant Gwangju Bank (hereinafter “Defendant bank”) is a non-loan (loan) loan extended on the date of a loan agreement, such as a loan agreement and a mortgage agreement for lease on a right to lease on a deposit basis (hereinafter “loan”) and the loan extended on November 34, 2010, 435,91 won (50,000 won) for general loan for corporate driving loans of KRW 50,000,000 on November 16, 2010, 300,000 won on June 28, 2011, the Credit Guarantee Agreement of KRW 130,000,000 won on July 15, 201, 50 million loan of KRW 161,095,000 on a right to lease on a deposit basis (260,000,000 won) and KRW 60,000,000 on March 14, 2012.

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