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(영문) 광주지방법원 2014.12.18 2014가합55842
사해행위취소
Text

1. As to the Plaintiff, Defendant A, B, and C jointly and severally with the Plaintiff KRW 698,233,189 and KRW 610,605,752 among them, May 2014.

Reasons

1. Basic facts

A. The credit guarantee agreement and subrogation (1) Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded each credit guarantee agreement between the Plaintiff and the Plaintiff as indicated in the following guarantee date, guarantee period, final guarantee period and final guarantee amount column, and obtained each credit guarantee agreement from the Plaintiff, and received the following loans from the bank recorded in the column of the financial institution listed in the table:

Defendant B and C jointly guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the aforementioned credit guarantee agreement.

On May 30, 2006, the final guarantee term of the guarantee date set forth in the first guarantee term and the final guarantee term of the financial institution, and on May 29, 2007, May 20, 2007, the company did not pay to the Plaintiff the amount of damages for delay calculated by the Plaintiff’s subrogation payment rate from the date following May 215, 2015, 935,000 National Bank to the date of performance of the obligation under the Plaintiff’s subrogation agreement (from the date of performance of the obligation to compensate the Plaintiff’s damages for delay by 10% until the date of performance of the obligation on March 28, 2014; from the date of performance of the obligation to the date of performance of the subrogated by the Plaintiff to the date of performance of the obligation under the first guarantee term set by the Plaintiff’s subrogation agreement (from the date following May 29, 2015 to November 20, 2012).

(3) As the Defendant Company lost the benefit of time due to the delayed payment of interest on each of its loans, the Korean Bank notified the Plaintiff of the occurrence of the guarantee accident on March 18, 2014, and the Gwangju Bank notified the Plaintiff of the occurrence of each of the respective guarantee accidents on April 8, 2014.

Accordingly, the Plaintiff paid 610,605,752 won to the National Bank on May 29, 2014, and 86,80,342 won to the Gwangju Bank on June 26, 2014, and 688,775 won by subrogation, and penalty 138,320 won by subrogation.

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