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(영문) 수원지방법원 2018.04.11 2017가단522460
사해행위취소
Text

1. The plaintiff's primary claim and conjunctive claim are dismissed, respectively.

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

Reasons

1. Basic facts

A. According to the guarantee request of Nonparty D Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd.), the Plaintiff entered into a credit guarantee agreement in accordance with the Credit Guarantee Fund Act with respect to each obligation to be borne by Nonparty Co., Ltd. for the loan and each obligation to be borne by Nonparty Co., Ltd. from the financial institutions under the joint and several guarantee request of Nonparty Co., Ltd.

B E B E

B. Each loan institution on the list above the contents of the principal obligation secured each credit guarantee form, and extended each loan to the non-party company on the basis of each credit transaction agreement under each credit transaction agreement concluded between the non-party company on the date of each guarantee under the basic terms and conditions of bank credit transaction between the non-party company and the maturity of each guarantee.

C. On September 1, 2011, the non-party company lost the interest of each of the above loans due to the occurrence of a credit guarantee accident due to the delay in principal. The Plaintiff demanded the Plaintiff to discharge the guaranteed liability, and on September 30, 2011, the Plaintiff recovered 359,757,132 of the principal and interest of the loan due to the second guarantee from the non-party bank, and on October 28, 2011, the non-party company paid the guaranteed liability to the non-party company by subrogation 274,335,846 of the interest and interest of the overdue loan due to the first guarantee as above. 2) The Plaintiff partially recovered the amount of subrogation from the non-party company, among the amount paid the first guarantee obligation to the non-party bank on behalf of the non-party bank as above, and appropriated the amount of the principal and interest of the loan by subrogation 274,335,846 won due to the repayment of the principal and interest of the principal.

3. Penalty for breach of contract under Article 34 of the Penalty Credit Guarantee Fund Act shall be the amount which has not been paid out of the obligations guaranteed by the plaintiff when the principal debtor to whom a credit guarantee has been granted fails to discharge his/her obligation within the given period.

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