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(영문) 의정부지방법원고양지원 2015.05.08 2013가합50299
사해행위취소
Text

1. As to real estate listed in Attachment 1:

A. It was concluded on September 4, 2012 between the Defendant and B.

Reasons

1. Basic facts

A. Upon entering into a credit guarantee contract, the Plaintiff and Non-Party D Co., Ltd. (hereinafter referred to as “D”) entered into each credit guarantee contract with the following contents as to the obligation to be borne by D with loans from the Industrial Bank of Korea. At the time of entering into each credit guarantee contract, Non-Party B, as the representative director of D, entered into a joint and several guarantee contract with D as to the obligation to compensate for the Plaintiff.

Serial No. 1 E on May 26, 2009 12% per annum on May 24, 2013: 200,000,000 won per annum on May 24, 2013; 12% per annum on May 26, 2009 12% per annum on May 26, 2014 (i.e., 340,000,000 won per annum on May 26, 2014.

B. A subrogation D received a loan from the Industrial Bank of Korea as a collateral for the Plaintiff’s credit guarantee. On December 26, 2012, the Industrial Bank of Korea notified the Plaintiff of a credit guarantee accident of D. On January 22, 2013, the Plaintiff notified the Industrial Bank of D of a credit guarantee contract (i.e., the Industrial Bank of Korea on January 22, 2013, 302,251,251,035 won (i.e. the principal amount of KRW 300,000,000), and 143,284,882 won under a credit guarantee contract (i.e., the principal amount of KRW 142,50,000,000) pursuant to a credit guarantee contract (i.e., the principal amount of KRW 784,882 won), 3,037,3040,300,3084,381,4781,2857).

C. The Plaintiff spent 2,357,310 won as substitute payment in relation to each of the instant credit guarantee agreements on substitute payments and substitute payments, and damages for delay under the credit guarantee agreement No. 1 as of February 5, 2013 (i.e., 302,251,035 won x 12% x 15/365) 706,610 won (i.e., 143,284,882 won x 12% x 15/365 x 15/365), and damages for delay under the credit guarantee agreement No. 3 of this case 1,689,45 won = 342,584,037.

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