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(영문) 의정부지방법원고양지원 2014.12.18 2014가합51152
사해행위취소
Text

1. As to each real estate listed in the separate sheet, it was concluded on April 22, 2013 between the non-party corporation B and the defendant.

Reasons

1. Facts of recognition;

A. On April 12, 2012, KRW 270,000,000 on April 11, 2013, 2013, KRW 270,000,000 on a guarantee principal loan of the guaranteed principal on the date of a credit guarantee (hereinafter “credit guarantee agreement”) entered into a credit guarantee agreement with Nonparty Co., Ltd. (hereinafter “National Bank”) with the effect that the Plaintiff guarantees the performance of the obligation of corporate ordinary driving loans under the table of “credit guarantee agreement” (hereinafter “the credit guarantee agreement of this case”), as indicated in the table of “credit guarantee agreement” with Nonparty Co., Ltd. (hereinafter “National Bank”), and Nonparty Co., Ltd. received a loan from the National Bank as follows:

B. On April 15, 2013, a credit guarantee accident occurred due to overdue payment of the principal and interest of a national bank. On July 29, 2013, the Plaintiff paid to the national bank a total of KRW 232,514,426, and a total of KRW 50,947,876, in accordance with the credit guarantee agreement Nos. 232,94,876 pursuant to the credit guarantee agreement.

C. The Plaintiff paid substitute payments of KRW 4,492,164 in relation to each of the instant credit guarantee agreements. From April 12, 2012 to July 28, 2013, the guarantee period of each of the above guaranteed principal, the penalty of KRW 1,506,280 and the guarantee fee of KRW 1,640 were incurred from April 12, 2012 to July 28, 2013.

In the lawsuit claiming reimbursement against the plaintiff against the non-party company and the non-party company C (the joint guarantor of the non-party company), the representative director of the non-party company (the Seoul Central District Court 2013Da5108757), the above court shall jointly and severally hold with the non-party company and C about November 25, 2013 in proportion to the sum of the amount to be reimbursed to the plaintiff 286,039,182 (the amount of subrogated payment of KRW 283,462,30,000, KRW 1,506,280,000, KRW 1,506,280, and KRW 283,462,30,02) and the amount of subrogated payment of KRW 283,462,02,00 per annum from July 29, 2013 to October 29, 2013; and the next day to 20% per annum from the next day to the date of repayment.

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