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(영문) 대구지방법원 2017.10.19 2017가합202207
사해행위취소
Text

1. The plaintiff's claim against the defendant A is dismissed.

2. The real estate listed in Attachment No. 4 between Defendant B and C.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “E”), each of which is to provide credit guarantee for respective loans to E Daegu Bank and us Bank (hereinafter “the instant credit guarantee agreement”), as indicated in the table below, and upon the Plaintiff’s performance of each of the above guaranteed obligations due to E’s failure to pay loans to each of the above banks, E agreed to pay all the expenses, such as the amount the Plaintiff subrogated to the Plaintiff, the damages for delay and penalty in accordance with the interest rate determined by the Plaintiff from the date of subrogation, and the legal procedure expenses the Plaintiff paid on behalf of the Plaintiff.

On December 11, 2008, Daegu Bank (the extension to December 2, 2016) KRW 423,360,000 (the amount to be KRW 360,000,000,000) (the extension to December 2, 2016), a joint and several surety for the guarantee period of the guaranteed amount of the lending Bank on the date of the agreement, shall be changed to KRW 285,00,000 on February 23, 2010 (the extension to July 14, 2017) (the extension to KRW 192,00,000), C, a bank of Daegu on February 23, 2010 (the extension to KRW 360,00,00) (the extension to KRW 846,70,000 on June 13, 2013, the change to KRW 160,000,063).

B. E obtained a loan from each of the above banks prior to the date of each credit guarantee agreement in accordance with the credit guarantee agreement in this case.

After that, on December 10, 2016 and December 16, 2016, a credit guarantee accident occurred due to the default of bills, etc., and pursuant to the credit guarantee agreement of this case, the Plaintiff repaid to the Bank the principal and interest of the loan No. 829,118,37 won, and the principal and interest of the loan No. 365,154,287 won, and the principal and interest of the loan No. 194,691,493 won, total 1,38,964,117 won (=365,154,287 won, 191,493 won, 829, 118,337 won) as of March 2, 2017.

C. The Plaintiff’s delay damages incurred to the Plaintiff due to the said subrogation amounting to KRW 7,728,910, and the Plaintiff’s right to indemnity against E.

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