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(영문) 서울중앙지방법원 2018.01.26 2016가합540576
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 231,693,030 and KRW 154,126,606 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”)

between Defendant A and the Industrial Bank of Korea (hereinafter “Corporate Bank”)

(1) The National Bank (hereinafter “National Bank”) and the National Bank (hereinafter “National Bank”);

In receiving a corporate purchase financing loan from each other, each credit guarantee contract (hereinafter referred to as the "first credit guarantee contract" and the "second credit guarantee contract" and the "second credit guarantee contract" with the terms and conditions as listed below, and the "each of the instant guarantee contracts" with the total of the first and second guarantee contracts.

(1) On May 9, 2014, the Defendant Company A, the representative director of the National Bank of Korea, is liable to each of the instant joint and several suretys to the Plaintiff on April 19, 2014 (hereinafter “joint and several suretys contract”) each of the instant contracts, on May 9, 2014, (153,000,000 (153,00,000,000) under the second guarantee agreement of the Corporate Bank, the second guarantee agreement of the Corporate Bank of Korea, the date of guarantee guarantee agreement (15,000,000) as of the date of guarantee guarantee (15, 2016, 200).

3) According to each of the instant guarantee contracts, Defendant A and the Plaintiff’s performance of the above guarantee obligations: ① the amount paid by the Plaintiff for the performance of the guaranteed obligations (the amount of performance of the guaranteed obligations and damages for delay based on the prescribed rates of the Plaintiff; ② the expenses required for the performance of the Plaintiff’s guaranteed obligations; ③ the expenses required for the execution, preservation, and legal procedures of the Plaintiff’s reimbursement on behalf of the Plaintiff; ④ the penalty for the remaining principal obligation during the period from the day following the expiration of the payment period to the day before the date of subrogation; and ⑤ the indemnity claim arising from subrogation.

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