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(영문) 인천지방법원 2016.01.15 2015가단224284
사해행위취소
Text

1.A forest A with a view to 1587 m2,00 square meters in Incheon-do.

B and the defendant on March 13, 2014

Reasons

1. Basic facts

A. 1) The Plaintiff is a credit guarantee agreement and a loan implementation 1) on February 25, 2011, C Co., Ltd. (hereinafter “Nonindicted Company”).

As between the guarantee term and February 24, 2012 (which is extended to February 17, 2015) and the credit guarantee agreement between the amount guaranteed as KRW 85,00,000 (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”).

B) At the time, the representative of the non-party company B, at the time, concluded a joint and several guarantee agreement for the plaintiff all obligations under the credit guarantee agreement of the non-party company in this case (hereinafter “the joint and several guarantee agreement

(2) Under the credit guarantee agreement of this case, the non-party company was granted a loan from the Industrial Bank of Korea on the basis of the letter of guarantee under the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, the non-party company should pay to the Plaintiff the amount repaid by the Plaintiff on behalf of the Plaintiff, ② damages for delay (17% per annum from the date of subrogation to December 1, 2010, and 14% per annum from the next day to the date of full payment), ③ the expenses for the preservation of claims, etc. disbursed to enforce and preserve the rights.

B. On May 22, 2014, the credit guarantee accident and the subrogated non-party company lost the benefit of the loan due to overdue interest, etc. (hereinafter “instant credit guarantee accident”). According to such credit guarantee accident, the Plaintiff subrogated the Bank of Korea for KRW 86,926,58 of the principal and interest of the loan on September 19, 2014.

C. The Plaintiff in which the claim for indemnity against B, etc. was confirmed filed by the Seoul Central District Court No. 2014da5290868. The said court stated that “B, the non-party company, etc. shall jointly and severally pay to the Plaintiff the amount of KRW 86,223,57 and KRW 86,223,308 from September 19, 2014 to March 18, 2015; and KRW 14% per annum from the next day to the day of full payment.”

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