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(영문) 서울중앙지방법원 2017.08.29 2016가단5218464
사해행위취소
Text

1. As to KRW 26,432,717 and KRW 20,142,885 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 26,432,717, and KRW 6,114,282.

Reasons

1. As to the claim for reimbursement against Defendant A

A. The following facts do not conflict between the Parties:

(1) In receiving loans from the following banks, the Plaintiff entered into a credit guarantee agreement as indicated below with Defendant A, who operates a D male uniform store.

On May 20, 201, the guaranteed principal guaranteed on the date of concluding the contract, the insured non-guarantee principal guaranteed on the date of concluding the contract, which was KRW 23,00,000,000,000 on May 20, 201, the new bank No. 1 guaranteed on October 24, 2016, and KRW 20,000,000 on May 24, 201, the new bank No. 2 guaranteed on May 24, 2016, and KRW 3 (2) of the New Bank No. 3 (2) on July 1, 2019, the Defendant paid the Plaintiff the guaranteed obligation due to the failure to repay the guaranteed obligation within the period of each credit guarantee at the time of the above credit guarantee, the repayment period for the repayment of the guaranteed obligation to the bank by the date on which the Plaintiff paid the subrogation and the repayment period from the date before the expiration of the guaranteed obligation to the date on which the repayment was made.

(3) On March 29, 2016, the Plaintiff received from the new bank the notice of the occurrence of the guarantee of the principal due to the failure to sell the principal on March 1, 2016 from the Defendant A, and on August 1, 2016, by subrogation, the Plaintiff paid to the new bank KRW 1,680,335 in accordance with the first guarantee (i.e., principal amount of KRW 1,65,186, KRW 25,149), and KRW 4,482,127 in accordance with the second guarantee (i.e., principal amount of KRW 4,444,440, KRW 37,687), total of KRW 6,162,462 (i.e., principal amount of KRW 6,09,626, KRW 6262,836).

On May 3, 2016, the Plaintiff received notice of the occurrence of the guaranteed accident of a natural body from Defendant A on April 2, 2016 from the Korea Standards Bank, and around July 29, 2016, KRW 20,177,332 (i.e., principal interest of KRW 20,000,00) from the said bank.

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