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(영문) 서울중앙지방법원 2015.04.01 2014가단5140093
사해행위취소
Text

1. As to KRW 40,633,218 and KRW 40,272,398 among them, the Defendant shall pay to the Plaintiff the year from April 30, 2014 to August 12, 2014.

Reasons

1. Facts of the cause of claim recognized - deemed confessions

A. When the Defendant received a loan from the National Bank Co., Ltd. (hereinafter “National Bank”), the Plaintiff provided credit guarantee as follows:

B. The Defendant was granted a loan of KRW 42,00,000 from the National Bank under the Plaintiff’s credit guarantee agreement, but it was impossible for the Plaintiff to repay it. On April 30, 2014, the Plaintiff subrogated to the National Bank for KRW 40,272,398, and the additional guarantee fee accrued until that time was paid was KRW 118,510, and the cost for preserving the claim for reimbursement was also KRW 242,310.

2. In conclusion, the defendant is obligated to pay to the plaintiff 40,633,218 won (=40,272,398 additional guarantee fee of KRW 118,510,510) and 40,272,398, whichever is the date of subrogation, to the plaintiff at the rate of 14% per annum from April 30, 2014, which is the date of delivery of a copy of the complaint of this case until August 12, 2014, and to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. It is so decided as per Disposition.

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