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(영문) 대구지방법원김천지원 2015.04.10 2014가합1464
사해행위취소
Text

1. The Plaintiff:

A. As to Defendant A and C’s joint and several KRW 449,614,977 and KRW 447,961,489 among them, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant A (hereinafter “Defendant A”) entered into a credit guarantee agreement (hereinafter “Agreement” or “Third Agreement”) with the following terms and conditions in order to secure the obligation for loans to Defendant A Co., Ltd. (hereinafter “Tgu Bank”), and Defendant C jointly and severally guaranteed Defendant A’s obligation under each credit guarantee agreement of this case, and Defendant B jointly and severally guaranteed Defendant A’s obligation under each credit guarantee agreement of this case.

Attachment 1 23 Loans amounting to 250,00,000,000 KRW 300,000,000,000,000 Guarantee Clause 210,000,000 (85%) 270,000,000 (90%) 189,000,000 (90%) on May 14, 2010 (90%) Loans amounting to 9,00,00,000 (90%) on the date of guarantee (90% on July 10, 2013).

According to each credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation, the defendant A shall pay to the plaintiff the amount of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation at the rate of damages set by the plaintiff from the date of the performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, and other expenses incurred in the exercise or preservation of the rights of the

Meanwhile, the damages rate for the amount of subrogation determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

C. As above, Defendant A received a loan from the Daegu Bank (hereinafter “Class 1 loan” or “Class 3 loan,” and “each of the instant loans” in common term, Defendant A delayed payment of interest on each of the instant loans and caused a credit guarantee accident on March 2, 2014.

Defendant A shall have a benefit of time as to each of the loans of this case.

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