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(영문) 전주지방법원 2016.10.26 2015가단26858
구상금 및 사해행위취소
Text

1. The defendant shall be jointly and severally and severally with the network C in KRW 2,958,062 and KRW 2,815,366 among them.

Reasons

1. Facts of recognition;

A. On September 13, 2013, the Plaintiff entered into a credit guarantee agreement under which the Plaintiff would provide a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the net C’s obligation to obtain a loan from the Ministerial Ordinance Saemaul Savings Depository from the deceased, from September 13, 2013 to September 12, 2014. Accordingly, the network C borrowed KRW 9,00,000,000 from the Ministerial Ordinance Saemaul Savings Depository around that time.

B. According to the credit guarantee contract of this case, in the event that the Plaintiff’s failure to repay the above loans by the network C in subrogation of the Council C as the performance of the guaranteed obligation, and the Plaintiff pays it to the Council Saemaul Fund by subrogation of the Council C, the net C is obligated to pay to the Plaintiff the amount of the performance of the guaranteed obligation, the amount of damages calculated by the rate and calculation method determined by the Plaintiff from the date of subrogation to the date of full payment of the guaranteed obligation, and the

C. After that extension, the net C lost the benefit of time due to the failure to repay the above loan within the guarantee period of the instant credit guarantee contract. On July 14, 2015, the Plaintiff subrogated to the Saemaul Fund of the Ministry of Strategy and Finance for KRW 7,038,416, totaling the principal amount of KRW 7,008,006, interest of KRW 30,410, pursuant to the instant credit guarantee contract.

The Plaintiff spent KRW 356,740 as the cost of applying for provisional attachment for the preservation of the right to indemnity acquired through the discharge of guaranteed liabilities. As such, the total amount of damages is KRW 7,395,156 ( KRW 7,038,416).

The deceased C died on June 13, 2015, and the defendant, a child, inherited the deceased C by 2/5 of the inheritance shares.

On August 25, 2015, the Defendant filed a report on the inheritance limited approval with the Jeonju District Court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch office

E. The Plaintiff’s interest rate for delay is 12% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings.

2. The above facts of recognition.

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