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(영문) 전주지방법원 2015.04.03 2014가합4407
구상금 및 사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 264,362,378 and KRW 262,670,958, out of the above amount.

Reasons

1. Basic facts

A. The credit guarantee agreement and loan 1) between the Plaintiff and the Defendant A on March 18, 2010 between the Plaintiff and the Plaintiff, Defendant A, as well as the credit guarantee agreement between the Plaintiff, with the credit guarantee principal of the credit guarantee principal of Defendant A, KRW 255,00,000, and the credit guarantee term until March 17, 2015, and the creditor as a branch of an enterprise bank (hereinafter “the credit guarantee agreement of this case”).

On the same day, Defendant B and C jointly and severally guaranteed liability for indemnity to be borne by Defendant A in accordance with the instant credit guarantee agreement. (2) On the same day, the Plaintiff issued to Defendant A a credit guarantee certificate with the guaranteed amount of KRW 255,000,000, and the guaranteed amount of KRW 300,000 by March 17, 2015, and the guaranteed amount of KRW 25,000,000 by the corporate bank as security, pursuant to the instant credit guarantee agreement.

3) At the time of the instant credit guarantee contract, when the Plaintiff performed the credit guarantee obligation, Defendant A and C, a joint and several surety, agreed to pay the amount of subrogation and the damages for delay calculated at the rate of overdue interest determined by the Plaintiff (12% per annum) from the date of subrogation to the date of repayment thereof, ② the guarantee fee at the rate of 2.4% per annum from the date following the date of payment of the last guarantee fee to the date of the guarantee accident, and the overdue charge at the rate of 10% per annum; ③ the guarantee fee at the rate of 2.7% per annum from the date following the date of the guarantee accident, ③ the date of the guarantee accident to the date following the date of the payment of the guarantee. (B) Defendant A and the Plaintiff’s subrogation (1) on March 20, 2014, but failed to pay the amount after the occurrence of the guarantee accident and the Plaintiff’s subrogation, thereby resulting in the guarantee accident stipulated in the instant credit guarantee contract (hereinafter “instant guarantee accident”).

Accordingly, on June 16, 2014, the Plaintiff paid to a corporate bank totaling KRW 262,670,958 = Principal on 255.

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