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(영문) 광주지방법원 2016.07.21 2015가합57036
사해행위취소
Text

1. Defendant A, Defendant B, Defendant C, and Defendant D jointly and severally with the Plaintiff at KRW 263,357,774 and the Plaintiff at KRW 257,364.

Reasons

Basic Facts

A. On July 15, 2004, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a credit guarantee agreement between the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to guarantee the payment of the principal and interest of loan, and the guarantee period from July 15, 2004 to July 14, 2005 (hereinafter “the credit guarantee agreement in this case”). Defendant B, C, and D jointly and severally guaranteed the repayment obligation under the credit guarantee agreement in this case.

B. Under the credit guarantee agreement of this case, the defendant company, which has a claim for reimbursement, caused a guarantee accident that could not be repaid until October 14, 2005, which is the due date for the principal and interest of the loan to the National Bank, and the plaintiff subrogated the National Bank to pay the principal amount of KRW 261,451,149 (=the principal amount of KRW 255,00,000,000) on February 23, 2006.

C. The plaintiff filed a claim for subrogation against the defendants company, B, C, and D after subrogated as above, and filed a lawsuit for subrogation amount claim against the defendant company, B, and D, Gwangju District Court 2006Da76953, Oct. 26, 2006 (hereinafter "previous judgment"), "the defendant jointly and severally pays to the plaintiff 262,915,469 won and 261,451,149 won per annum from February 23, 2006 to September 21, 2006, and 15% per annum from the next day to September 21, 2006, and 20% per annum from the date of full payment (hereinafter "previous judgment"). The above judgment became final and conclusive on Nov. 16, 2006.

On June 23, 2011, the Plaintiff recovered KRW 4,087,049 out of the amount determined in the previous judgment and appropriated it to the principal of subrogation, and then remains at KRW 257,364,100, the amount of the subrogated principal at present. The amount of damages up to the date of recovery of the amount of the refund is KRW 4,242,132, the amount of penalty up to the date of recovery, the amount of penalty up to the amount of unpaid principal is KRW 1,464,320, and the amount of subrogated payment is KRW 2

E. Defendant C’s donation of each real estate listed in the separate sheet against Defendant C (hereinafter “instant real estate”) to Defendant E. The instant case.

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