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(영문) 대전지방법원 2021.02.17 2020가단121073
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) With respect to C’s joint and several liability under the credit guarantee agreement with D Co., Ltd. (hereinafter “D”), the Plaintiff issued a letter of credit guarantee (85%: 1,70,000,000 won for the principal and interest of D’s loan, and 1,445,00,000 won for the principal and interest of D’s credit guarantee, as of May 9, 2006; and 200,000 won for the principal and interest of D’s loan within the scope of the said credit guarantee agreement (hereinafter “1 guarantee agreement”); 20,000,000 won for the principal and interest of D’s loan by obtaining the above credit guarantee loan from the Industrial Bank of Korea on January 26, 205; 200,000 won for the principal and interest of D’s loan within the scope of the said credit guarantee agreement; 20,000 won for 10,010,000 won for G’s loan 20.

(2) According to each credit guarantee agreement between the Plaintiff and D, when the Plaintiff performed the above guarantee obligation, D is agreed to pay to the Plaintiff (i) the subrogation payment made by the Plaintiff for the performance and damages from the payment date to the full payment date, (ii) the additional guarantee fee based on the rate calculated by adding the guarantee fee rate of 5/100 per annum from the day following the date of payment of the guarantee fee to the day before the expiration date of the guarantee, and (iii) the additional guarantee fee calculated by adding the guarantee fee rate of 5/100 per annum from the day following the day of payment of the guarantee fee to the day of termination of the guarantee, and (iv) all incidental obligations, such as legal procedure costs, etc. disbursed by the Plaintiff for the enforcement or preservation of the right by performing the guarantee obligation.

3) Around May 9, 2011, D caused a loan accident that caused D to lose the benefit of time due to the said loan obligation upon the application for delinquency in payment of principal and rehabilitation, but it was not changed. However, as a guarantor, the Plaintiff was the Bank of Korea on June 30, 201 regarding the first guarantee case, 1,447.

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