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(영문) 서울중앙지방법원 2016.01.15 2013가합504029 (1)

구상금 및 사해행위취소

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1. The Defendant’s annual interest in KRW 87,350,842 and KRW 41,882,583 among the Plaintiff, from August 24, 2012 to November 30, 2012.

Reasons

Facts of recognition

On February 25, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant, including the conclusion of a credit guarantee agreement, with a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement in this case”) between the Defendant and a credit guarantee agreement with the amount of KRW 250 million (reduction of KRW 224 million after the trend) and the period of the credit guarantee from February 25, 2010 to February 24, 2011 (Extension of the period from February 25, 2010 to August 24, 2012).

At the time of the aforementioned credit guarantee agreement, the Defendant agreed to pay the amount of subrogated and the amount of damages for delay calculated by the rate determined by the Plaintiff (15% per annum from February 25, 2010 to November 30, 2012, and 12% per annum from December 1, 2012) to the Plaintiff when the Plaintiff subrogated for the Defendant’s loan, and the expenses paid by the Plaintiff for the purpose of preserving the claim for reimbursement.

On the other hand, at the time of the conclusion of the above credit guarantee agreement, A and B jointly and severally guaranteed all debts to the plaintiff of the defendant under the credit guarantee agreement of this case.

The occurrence of a credit guarantee accident and the plaintiff's subrogation by the defendant obtained a loan of KRW 300 million from the Industrial Bank of Korea as collateral, and then incurred a credit guarantee accident around June 29, 2012. On August 24, 2012, the plaintiff subrogated for KRW 228,492,150 of the outstanding principal and interest of the loan to the Industrial Bank of Korea.

In addition, the Plaintiff paid substitute payments of KRW 1,224,660 due to claims preservation measures against the Defendant, etc.

After partial recovery and final damages, the Plaintiff recovered KRW 186,609,567 from April 2, 2013 to November 16, 2015 from the Defendant, etc. to appropriate it to the principal of the claim for reimbursement. The Plaintiff recovered the substitute payment made by the Plaintiff.

As to the above partial recovery amount, 45,468,259 won was assessed at the rate determined by the Plaintiff.

[Ground of recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 6, 24, and 25 (including each number), and the purport of the whole pleadings, the defendant is a principal debtor.