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(영문) 서울중앙지방법원 2015.11.04 2015나31802
사해행위취소
Text

1. The part against Defendant C in the judgment of the first instance shall be revoked.

2. As to real estate listed in the annex list: (a)

Reasons

1. Determination as to the claim against the defendant B

A. On September 30, 2011, the Plaintiff is jointly accused A (the name of the enterprise: F; hereinafter “A”) of the first instance trial on September 30, 201.

(1) The term “credit guarantee contract of this case” refers to a credit guarantee contract of this case under which the Plaintiff shall pay the amount of the Plaintiff’s performance of the guaranteed obligation and the interest rate as determined by the Plaintiff’s calculation method and damages in accordance with the calculation method until the date of the repayment thereof (hereinafter “the credit guarantee contract of this case”).

At the time, Defendant B, a spouse of A, jointly and severally guaranteed the liability for indemnity against the Plaintiff under the instant credit guarantee contract. (2) On September 30, 2011, Defendant B submitted to the Industrial Bank of Korea a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee contract, and received KRW 91,60,000 from the Industrial Bank of Korea on the same day. The same year as interest accrued from May 5, 2013 is overdue.

5. 21. 21. 21. Although a credit guarantee accident occurred due to a failure to immediately repay the loan's debts, even though the loan's interest has been lost, the Plaintiff

8. 19. Performance of the guaranteed obligation under the credit guarantee contract of this case by subrogation of KRW 77,878,864 to the Bank.

However, the plaintiff recovered 198,760 won out of 77,878,864 won on the same day immediately after the payment by subrogation on the same day.

3) Meanwhile, the agreed damages rate determined by the Plaintiff is 17% per annum from December 30, 1996 to December 1, 2010, and 14% per annum from December 2, 2010 to the closure of the pleadings in this case. [Grounds for Recognition] Facts that no dispute exists, each entry of Gap 1 to 6, and 8 evidence, the purport of the entire pleadings, and the whole purport of the pleadings (the number of copies evidence 1 and 2).

B. According to the above facts of determination, Defendant B, a joint and several surety, is jointly and severally a principal obligor A and the Plaintiff, as the principal obligor, jointly and severally.

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