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(영문) 대전지방법원 2013.10.30 2013가합100563
사해행위취소
Text

1. The Plaintiff:

A. Defendants A, B, and C are jointly and severally and severally 43,000,925 won and 43,005,806 won among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement with Defendant A, who operates the “E” and entered into a credit guarantee agreement with the content as indicated in the following table (hereinafter “instant credit guarantee agreement”).

(2) In the event that the Plaintiff on behalf of the principal and interest of the loan is not liable for the repayment of the loan incurred to the lending institution, the Plaintiff agreed to pay the principal and interest on behalf of the lending institution for delay damages, fixed damages, attempted penalty, penalty for negligence, etc. according to the Plaintiff’s interest rate, from the date of the performance of the principal and interest of the loan. Defendant B shall be liable to the Plaintiff for the Defendant A’s obligation under the credit guarantee agreement and Defendant C

(2) The Plaintiff jointly and severally guaranteed the Defendant A’s obligation under each of the instant credit guarantee agreements. Since August 6, 2010, the credit guarantee principal of the credit guarantee principal, which was the date of the credit guarantee agreement agreement, was changed to August 2, 2013 after August 6, 2010, the credit guarantee agreement was concluded. The amounting to KRW 44,00,000,000 on June 20, 2012, the amounting to KRW 282,00,000,000, pursuant to each of the instant credit guarantee agreements, the Plaintiff issued each of the credit guarantee agreements to the Defendant Korea Exchange Bank (hereinafter “Defendant Exchange Bank”), and accordingly, the Defendant Exchange Bank paid a loan to the Defendant A as indicated in the following table.

Guarantee 1 of 1 of the Agreement on the Loan of Terms and Conditions No. 1 of the Loan of Terms and Conditions No. 5,000,000 won for enterprise-general loan on August 14, 2008; and 280,000 won for aggregate of KRW 335,00,000 on July 2, 2012

B. The Defendant A caused a credit guarantee accident on December 24, 2012 due to delay in principal, which was due to the occurrence of a credit guarantee accident, and the Plaintiff paid to the Defendant Foreign Exchange Bank totaling KRW 285,086,748, in subrogation of the Defendant A, and recovered KRW 1,572,515, among them.

The first arrangement of the amount of subrogation for the repayment of the subrogated amount on the date of payment of the contract shall be guaranteed.

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