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(영문) 광주지방법원 2014.02.20 2012가합53248
사해행위취소
Text

1. The bankrupt and B bankruptcy trustee of the Plaintiff Credit Guarantee Fund, who is the defendant A and B's taking over the lawsuit, respectively.

Reasons

1. Basic facts

A. The Plaintiff Credit Guarantee Fund concluded a credit guarantee agreement with Defendant D Co., Ltd. (hereinafter “Defendant D”) as listed below, and guaranteed Defendant D’s loan obligations.

On January 26, 2007, 2008 ( January 18, 2013), a new bank, the guarantee period of which (amount changed) is the date of a guarantee agreement (amount changed) (amount changed) (amount), the guarantee period of which is the date of guarantee (amount changed), and the new bank (amounted January 18, 201, 201) of the Gwangju Bank on January 25, 2008 (amounted to 32,00,000,000).

B. Upon entering into each credit guarantee agreement with the Plaintiff Credit Guarantee Fund, Defendant D agreed to pay, respectively, a penalty for delay calculated by the Plaintiff Credit Guarantee Fund at the rate determined by the Plaintiff Credit Guarantee Fund (15% per annum from June 1, 2005 to June 1, 2005) from the date of subrogation to the date of full payment for the amount of subrogated payment and the amount of subrogated payment for it, ② the amount paid by the Plaintiff Credit Guarantee Fund to compensate for the amount of subrogated payment; ③ the amount paid by the Plaintiff Credit Guarantee Fund to compensate for the amount of subrogated payment; and ③ the amount paid by the Plaintiff Credit Guarantee Fund to the Plaintiff Credit Guarantee Fund in the event it fails to meet the obligation within the due date, from the date following the date of repayment of the obligation to pay the amount of unpaid payment

C. On September 28, 2012, Defendant D came into a single-lane coordinate and was finally subject to a disposition of suspension of transaction as of October 4, 2012. On October 11, 2012 and October 16, 2012, Defendant D notified the Plaintiff Credit Guarantee Fund of the occurrence of the Defendant D’s guarantee accident.

Accordingly, on October 18, 2012, the Plaintiff paid 288,039,169 won to the New Bank of Korea on October 18, 2012 and 32,220,878 won to the Gwangju Bank on October 24, 2012, and collected 2,92,730 won out of the amount of subrogated payment for the principal and interest of loan on the same day and executed the subrogated claim.

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