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(영문) 서울고등법원 2015.07.07 2014나2045452
구상금 및 사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Credit guarantee contract and joint and several sureties 1) The Plaintiff Co., Ltd. D (former trade name: E; hereinafter “D”).

(D) Between D and D, the Korea SPS Bank (hereinafter referred to as “SPS Bank”);

(2) The respective credit guarantee agreements of this case (hereinafter referred to as “the respective credit guarantee agreements”) are referred to as “the respective credit guarantee agreements of this case,” as described in the following table.

A) Upon entering into a contract of this case, H and H’s debt to each of the plaintiffs under each of the credit guarantee agreements of this case. On June 30, 2010, the date of concluding the contract of this case, D’s debt to D was jointly and severally guaranteed. The Industrial Bank of Korea issued each of the credit guarantee agreements of this case to D on June 30, 201, from June 30, 201 to June 27, 2014, 2000 won, from April 21, 2011 to April 20, 2012 (the Industrial Bank of Korea extended from April 18, 2014 to April 20, 2012) by submitting each of the credit guarantee agreements of this case. The Plaintiff was issued each of the credit guarantee agreements of this case to D and received KRW 500,000,000 from each of the above banks on June 25, 2015.

On the other hand, the above loan contract was added to the loan condition that D immediately lose the benefit of time when there are reasons such as delinquency in the payment of principal and interest or the difference between the parties.

B. On June 14, 2013, A entered into the instant assignment contract with the Defendant, which is the customer of D, and notified B and C of the claim for the refund of the lease deposit stated in the separate sheet (hereinafter “instant assignment contract”).

C. The occurrence of a credit guarantee accident, and the establishment of a claim for reimbursement based on the Plaintiff’s subrogation, D) from October 2, 2013 to October 31, 2013, and from October 31, 2013 to October 31, 2013, each of the credit guarantee agreements stipulated in each of the instant credit guarantee agreements was in arrears with payment of interest on the loans to the above Bank. (2) Accordingly, each of the above banks claimed the Plaintiff to discharge the guaranteed obligation, and the Plaintiff.

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