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(영문) 광주지방법원 2017.10.26 2017가합52882
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement 1) The Plaintiff is Taesung Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)

(1) The term “stock company” and the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) are omitted.

In order to guarantee loans from them, each credit guarantee agreement (hereinafter referred to as the “each credit guarantee agreement of this case”) shall be as follows:

(3) On January 27, 2016, the non-party company concluded a loan with the Industrial Bank of Korea as follows. The non-party company received a loan from the Industrial Bank of Korea. The non-party company did not pay to the Plaintiff the amount of debt guaranteed by the Plaintiff at the rate of 496,00,000,000,000 of the Industrial Bank of Korea on January 27, 2016, computed on March 25, 2016 (the amount of debt guaranteed by the non-party company from the 620,000,000,000,000 to March 24, 2017 (the amount of debt guaranteed by the non-party company from the 20,000,003 to the 20,000,0000,0000,000 per annum on March 29, 2016 to the date of execution of the guaranteed obligation, respectively.

3. On February 27, 2017, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident with the purport that the non-party company lost its interest due to delinquency in principal on January 27, 2017.

Accordingly, the Plaintiff subrogated for KRW 1,038,483,507 in total to the Industrial Bank of Korea on March 23, 2017 under each credit guarantee agreement of this case, and the credit guarantee accident occurred from January 27, 2017 until March 22, 2017, which is the day before the date of subrogation by the Plaintiff.

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