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(영문) 대구지방법원 2015.04.02 2013가합204229
구상금 및 사해행위취소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2.Paragraph 1 to 5 of the annexed list of real estate.

Reasons

1. Basic facts

A. On July 16, 2009, the Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement with Defendant C on a credit guarantee amount of KRW 400 million with the new bank A (hereinafter “new bank”) under the joint and several guarantee of Defendant C, with the new bank A (hereinafter “new bank”). Under the credit guarantee of the Plaintiff Credit Guarantee Fund, A obtained a loan of KRW 400 million from the new bank.

B. On August 18, 2011, the Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement with Defendant C on a debt of KRW 350 million from the new bank under the joint and several guarantee of Defendant C with Defendant C, with the credit guarantee principal of KRW 297.5 million. Under the credit guarantee of the Plaintiff Credit Guarantee Fund, Defendant C was loaned KRW 350 million from the new bank.

C. On February 13, 2013, the Plaintiff Credit Guarantee Fund received each notice from the new bank of the occurrence of a credit guarantee accident against A, and on March 7, 2013, the occurrence of a credit guarantee accident against Defendant C, respectively, and on May 21, 2013, paid each of the principal and interest of A, KRW 347,065,959, and the principal and interest of interest of Defendant C, KRW 301,651,620, respectively.

Plaintiff

The Korea Credit Guarantee Fund collected KRW 1,230,480 of the amount of subrogation for A on the date of subrogation for the payment for the payment for the payment for the payment for the subrogation for A and paid KRW 345,835,479. The amount of finalized damages for the amount of subrogation recovered as above was KRW 404, and KRW 1,828,822 in order to preserve the claim for reimbursement for the amount of subrogation.

In addition, the Plaintiff collected KRW 2,308,310 out of the amount of subrogated payment to Defendant C on the day of subrogation and did not receive payment from the Defendant C, as KRW 29,343,310, and the amount of finalized damages for the amount of subrogated payment recovered as above is KRW 758.

On the other hand, the interest rate for delay under the credit guarantee agreement of this case is 12% per annum.

E. A on November 21, 2012, with Defendant D, KRW 1,053,00,000 with respect to each immovable set forth in paragraphs 1 through 5 of the attached list of real property, the maximum debt amount shall be 1,053,00,000.

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