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(영문) 인천지방법원 2015.09.18 2015가단213277
사해행위취소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30,569,109 and KRW 28,919,165 among the Defendants, from March 31, 2015 to June 16, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s coverage amount of KRW 34,425,00 between Defendant A and Defendant A on August 21, 2013. The Plaintiff entered into a credit guarantee agreement with the rate of 85% and the term of guarantee until August 18, 2014 (hereinafter “instant agreement”). Defendant A agreed to pay the principal and interest of the instant agreement and damages in accordance with the interest rate determined by the Plaintiff for the performance of the guaranteed obligation under the credit guarantee agreement at the time of the instant agreement. The Plaintiff’s interest rate of KRW 12% per annum from December 24, 2014 to March 30, 2015; Defendant A’s performance of the guaranteed obligation under the instant agreement; Defendant B agreed to pay the Plaintiff additional amount of KRW 34,425,00 for the enforcement and preservation of the guaranteed obligation under the instant agreement; Defendant B’s performance of the guaranteed obligation on behalf of the Plaintiff; Defendant A’s performance of the guaranteed obligation on March 24, 2018.

B. According to such facts of recognition, Defendant A and Defendant B, the primary debtor, are jointly and severally subrogated to the Plaintiff who is jointly and severally subrogated = KRW 30,569,109 = The amount of subrogated reimbursement.

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