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(영문) 수원지방법원 2019.06.13 2017가합15174
사해행위취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and C Co., Ltd. (hereinafter “C”) concluded each credit guarantee agreement as follows. At the time of the conclusion of each of the above credit guarantee agreements, B jointly and severally guaranteed all obligations that C owes to the Plaintiff.

A credit guarantee agreement of 304,000,000 on September 22, 2013, 2013, the guarantee term of 104,000,000 on April 22, 2014, the 3 credit guarantee agreement of 200,000 on April 21, 2014, April 22, 2010, the 3 credit guarantee agreement of 127,50,000,00 on April 22, 2010, 209; the 4 credit guarantee agreement of 270,000,000 on April 22, 2014; the 270,00,000,000,000,000 on April 22, 201, 209; the credit guarantee agreement of 10,000,000 on May 24, 2009;

B. C received each loan from the Industrial Bank of Korea and D Bank as security under each of the above credit guarantee agreements as follows:

Guarantee Number Guarantee Principal (won) Guarantee 1 304,000,000 380,000,000,000 252,000,000 280,000, G 3 127,500,000 G 3 G 127,500,0000 150,0000,000 H 4 270,000,000 30,000,000 5 I 240,000,000 30,000,000 6 J 375,000,000,50,000,000 7140,3000,3000,0000

C. On April 2012, the Plaintiff subrogated to each lending bank as follows for C to cause a credit guarantee accident:

Guarantee Creditor Bank 1: 154,489,003 2, 164,01, 335, 333, 123,802, 908 4, 175, 709, 769, 569, 247, 94, 913, 616, 814, 951, 951, 7, 428, 139, 278, 018, 428, 018

D. The penalty to be paid by C to the Plaintiff pursuant to each of the above guarantee agreements is as follows.

The Plaintiff disbursed KRW 4,310,770 as the legal procedure cost to preserve the claim for indemnity based on the payment by subrogation.

Guarantee Penalty No. 2 Guarantee 1,272,080 3, 990,90 4,362,940 5, 679,490 6,80 1,803.

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