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(영문) 전주지방법원 2017.01.31 2016가단22228
구상금 및 사해행위취소
Text

1. The defendant A and the defendant B jointly share 109,696,965 won and 108,557,272 won among them to the plaintiff.

Reasons

1. Basic facts

A. On November 25, 201, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a credit guarantee agreement with the following terms and conditions (hereinafter “instant credit guarantee agreement”) on the grounds that the Defendant Company takes out loans from the Jeonbuk Bank.

On November 25, 2011, 201, 170,000,000 joint and several surety of the lending bank (based on the extension of the term) repayment period (based on the extension period), Defendant B of the Jeonbuk Bank (Gunsan Branch) on November 20, 2015, the joint and several surety of the lending bank

B. Under the credit guarantee agreement of this case, the defendant company agreed to pay to the plaintiff the amount of subrogation and the damages for delay in accordance with the interest rate prescribed by the Credit Guarantee Fund from the date of subrogation to the date of completion of the repayment if the plaintiff pays the above loan on behalf of the defendant company due to the failure of the defendant company to pay the above loan to the

(The interest rate in arrears is 12% per annum until January 31, 2016 and 10% per annum thereafter).

The Defendant Company submitted a credit guarantee statement issued pursuant to the credit guarantee agreement of this case to obtain a loan from the Jeonbuk Bank, but did not pay the above principal and interest of the loan, thereby losing the benefit of the loan due to default. The Plaintiff paid the principal and interest of KRW 147,091,973 to the Jeonbuk Bank on November 10, 2015 in subrogation of the Defendant Company in accordance with the credit guarantee agreement of this case.

C. Since then, the Plaintiff recovered KRW 38,534,701 in total on several occasions among the amount of subrogated under the instant credit guarantee agreement, and accordingly, the Plaintiff incurred KRW 1,139,693 in total.

However, on July 8, 2015, Defendant B, a joint and several surety under the credit guarantee agreement of this case, made a promise to sell and purchase each real estate listed in the separate sheet (hereinafter “instant real estate”), which is one of his own property, with Defendant C, and completed the registration of the right to claim transfer of ownership on July 8, 2015 by the Incheon District Court No. 58819, Jul. 8, 2015.

hereinafter referred to as "the case."

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