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(영문) 부산지방법원 2015.03.11 2014가합40513
사해행위취소 등
Text

1. The Defendant’s KRW 222,212,635 among the Plaintiff and KRW 136,024,182 among the Plaintiff, shall be KRW 85,974,523 from December 23, 2013.

Reasons

1. The following facts to recognize the facts are not disputed between the Parties:

(1) The Defendant entered into a credit guarantee agreement with the Plaintiff and received loans from Han Bank and National Bank Co., Ltd. under the Plaintiff’s credit guarantee each time after concluding two credit guarantee agreements with the Plaintiff as follows. On November 14, 2014, KRW 85,000,000 as of November 16, 201, the first guarantee period of the first guarantee period of the Han Bank Co., Ltd., Han Bank Co., Ltd., Ltd., the second guarantee period of the guarantee date of the guarantee date, and KRW 135,00,000 on June 19, 2012, the Defendant shall pay guarantee fees and additional guarantee fees to the Plaintiff, and when the Plaintiff fulfilled the guarantee obligation under the instant credit guarantee agreement, the Defendant shall pay the amount of the guaranteed obligation to the Plaintiff, the amount of the repayment of the guaranteed obligation, and damages for delay in accordance with the interest rate determined by the Plaintiff.

B. On August 1, 2013, the Plaintiff paid 136,480,957 won to the National Bank of Korea ( principal 135,00,480,957) on December 23, 2013, pursuant to the second guarantee on December 23, 2013, the Defendant paid 85,974,523 won ( principal 85,00,000,00 won interest 974,523) to Han Bank (the principal 85,00,000 won) to the Defendant on January 9, 2014, pursuant to the first guarantee on December 23, 2013, the additional guarantee fee to be paid by the Defendant pursuant to the first guarantee is 213,780 won, the amount of damages for delay under the second guarantee is 150 won, and the damages for delay from January 1, 2012 to December 1, 2012.

2. According to the facts of the determination, the Defendant shall pay the Plaintiff indemnity amounting to KRW 222,212,635 [21,98,705 won (221,974,523 won (136,024,182 won) in total of the subrogated payment for the second guarantee of KRW 213,780], and 136,024,182 won in subrogation for the second guarantee of KRW 136,02,182 from December 23, 2013, which is the date of subrogation, to KRW 85,974,523 in total of the subrogated payment for the second guarantee of KRW 221,98,70 in total.

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