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(영문) 대전지방법원공주지원 2017.07.13 2016가단20762
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 12, 2012, the Plaintiff issued a credit guarantee certificate with the guaranteed principal amount of KRW 99,00,000,000 and the term of guarantee as of October 11, 2013 in order to guarantee the principal and interest of loan, and provided credit guarantee (hereinafter “credit guarantee in this case”).

After that, at the request of the non-party company, the Plaintiff extended the guarantee term of the credit guarantee of this case to October 10, 2014.

B. Based on the instant credit guarantee, on October 15, 2012, the non-party company loaned KRW 110,000,000 from the Nonghyup Bank to October 10, 2014 under the name of a loan for agricultural food business operation. However, on October 11, 2014, the non-party company caused a credit guarantee accident (hereinafter “the instant guarantee accident”).

C. The NongHyup Bank notified the Plaintiff of the occurrence of the said credit guarantee accident, and filed a claim for the performance of the guaranteed obligation, and on December 19, 2014, the Plaintiff subrogated to the said bank for the principal and interest of KRW 100,479,548 (= principal principal of KRW 99,00,000, KRW 1,479,548).

On April 1, 2015, the Plaintiff filed a claim for reimbursement (2015da207058) against Nonparty Company and Nonparty Company D, a joint and several surety of Nonparty Company, a joint and several surety of Nonparty Company, D, a shareholder, and E, a director, with the Daejeon District Court.

Accordingly, on December 16, 2015, the above court sentenced the Plaintiff jointly and severally, as to KRW 102,107,742 and KRW 100,479,548, the amount of KRW 12% per annum from December 19, 2014 to April 15, 2015; KRW 20% per annum from the next day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment; and in the above judgment, the portion between the Plaintiff, non-party company, and D became final and conclusive around that time.

E. On the other hand, around August 20, 2014, the non-party company is not more than the secured movable in the separate sheet.

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