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(영문) 대구지방법원포항지원 2016.06.07 2015가단304479
사해행위취소
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 61,470,889 and KRW 61,249,879 among them.

Reasons

1. Facts of recognition;

A. Credit guarantee agreement 1) The Plaintiff is a corporation established in order to ensure smooth financing by guaranteeing the debt owed to financial institutions with weak collateral ability. Defendant A Co., Ltd. (hereinafter “A”).

(1) The Plaintiff and the credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”) are as follows:

(1) The term “the principal of the guaranteed principal” as of the date the credit guarantee agreement was concluded by the Plaintiff, and the loan was granted from the National Bank. The Defendant B, C, and D, as of the guaranteed principal (the term of guarantee extended) under the credit guarantee agreement with the Plaintiff, were jointly and severally guaranteed liability under the credit guarantee agreement with the Plaintiff by the Defendant A on March 16, 201, as of March 16, 2012 (e.g., 59,500,000 (e., 59,500,000).

3) According to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation on behalf of the said Defendant, the Defendant A paid to the Plaintiff ① the amount of the guaranteed obligation and the damages for delay calculated at the rate of damages determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses incurred in the preservation and exercise of the right acquired by the Plaintiff through the Plaintiff’s performance of the guaranteed obligation, and the rate of damages for delay determined by the Plaintiff is 12% per annum from January 26, 2015 to the date. (B) The occurrence of the claim for indemnity: the occurrence of the credit guarantee accident and the Plaintiff’s subrogation 1) the Defendant A lost the interest on the loan to the said national bank on September 1

Accordingly, on January 26, 2015, the Plaintiff subrogated to the National Bank for 61,249,879 won of the principal and interest of loans.

2) In addition, the amount of 566,880 won by subrogation was incurred as expenses incurred in taking measures to preserve the claim for reimbursement that was acquired by the above subrogation, and thereafter, the amount remaining after collecting part of the amount of 566,880 won by subrogation became KRW 221,010. C. Defendant B’s disposal, etc. 1) between Defendant B and Defendant E on August 1, 2014 and Defendant B.

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