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(영문) 대전고등법원 2018.06.27 2018나11297
구상금, 사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 7, Eul evidence 1, 2, 9, and 10 (including each number; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings:

2) The Plaintiff entered into a credit guarantee agreement, the occurrence of a credit guarantee accident, and the Plaintiff’s subrogation. A is a person operating a manufacturer of automobile parts under the trade name of C. 2) The Plaintiff entered into a credit guarantee agreement with A on 4 occasions as listed below (hereinafter referred to as “1 to 4 guarantee” and issued a written credit guarantee agreement by adding all of them to “each of the instant guarantees”).

A Based on the first and second guarantees, each of the loans was granted from the Acheon Finance Center of the New Bank from the point of view of the third and fourth guarantees.

On May 29, 2015, the amount of guarantee extended to the first guarantee date of KRW 585,00,000,000 on May 26, 2023, the second guarantee of KRW 650,000 on May 26, 2015, the Plaintiff paid KRW 50,000,000 on May 26, 2023, the third guarantee of KRW 180,000 on February 5, 2016, the third guarantee of KRW 30,000 on February 18, 200, KRW 200,000 on February 37, 2017, the Plaintiff paid KRW 40,000 on each of the credit guarantee of KRW 40,00,00 on May 5, 2016, KRW 30,000 on July 16, 2017.

Accordingly, the amount of each subrogated payment remains a total of 87,735,004 won (=614,211,817 won 272,042,233 won - 8,519,046 won). From March 29, 2017, which was the date of subrogated, 2,333 won (=8,519,046 won x 10% x 10% x 1/365 days, and 1/365 won).

5) Of the costs incurred by the Plaintiff for preserving the above claim for reimbursement, the costs that the Plaintiff had not received from A are KRW 4,691,466.

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