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(영문) 광주지방법원 순천지원 2021.01.21 2018가합13029
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 378,233,821 and KRW 377,979,615, as to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 16, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”) to issue a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”) to obtain a loan from Defendant A, and issued a credit guarantee certificate on May 15, 2018 with the principal amount of credit guarantee of KRW 382,50,000,000, and the period of credit guarantee of May 15, 2018 (up to May 15, 2019).

B. After Defendant A obtained a loan of KRW 450,00,000 from D bank as a security for the said credit guarantee, on July 11, 2018, the occurrence of a credit guarantee accident involving Defendant A’s failure to pay for current account transactions occurred, and the Plaintiff subrogated to the D bank for payment of KRW 377,979,615 ( KRW 373,958,164, KRW 4,021,451) on November 20, 2018.

On November 30, 2018, the unpaid balance is KRW 254,206, out of the expenses paid by the Plaintiff in order to preserve the above subrogated gold claims.

(c)

In the instant credit guarantee agreement, Defendant A provided that, when the Plaintiff performed a credit guarantee obligation, Defendant A shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the Plaintiff’s debt repayment and the rate of interest determined by the Plaintiff (10% per annum from February 1, 2016 to the present year) and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. Defendant B guaranteed Defendant B’s obligation to the Plaintiff under the instant credit guarantee agreement.

(d)

The Plaintiff entered into a sales bond insurance contract with Defendant A for each insurance contractor, as shown in the attached sheet of sales bond insurance.

Each of the above sales claim insurance contracts provides that the Plaintiff shall be entitled to exercise a claim against the Defendant A within the scope of the insurance contractor's payment of the insurance proceeds to the insurance contractor and the Plaintiff shall be entitled to exercise a claim against the Defendant A in the event that the Plaintiff paid the insurance proceeds to the insurance contractor.

Each of the above insurance contractors is against Defendant A.

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