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(영문) 서울중앙지방법원 2020.09.17 2019가합580360

사해행위취소

Text

1. As to Defendant A corporation and Defendant B’s joint and several liability for KRW 367,245,895 to the Plaintiff and KRW 365,027,071 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff (hereinafter “Defendant A”) established a claim for reimbursement

(1) On March 7, 2013, Defendant A’s loans to the Industrial Bank of Korea (270,000,000 won in credit guarantee principal, and the period of credit guarantee from March 7, 2013 to March 7, 2014 (the period of credit guarantee has been extended each year thereafter, and the period of credit guarantee has been extended on February 1, 2019 until January 31, 2020), ② on February 5, 2015, Defendant A’s Bank’s loans to KRW 90,000,000 in credit guarantee principal, and delayed payment from February 5, 2015 to February 5, 2016 (the period of credit guarantee loans extended each year from February 5, 2015 to February 16, 2016, respectively, the Plaintiff concluded a credit guarantee agreement with Defendant A’s representative director on his/her repayment of expenses incurred by each of the said credit guarantee obligations.

3) From June 1, 2019, Defendant A failed to pay interest on the principal and interest of each of the above loans from June 1, 201. Accordingly, the Plaintiff subrogated to the Industrial Bank of Korea on October 21, 2019 in total of 366,209,141 won of the principal and interest of each of the above loans on behalf of the Defendant A, in accordance with the aforementioned credit guarantee agreement on behalf of the Plaintiff, and collected KRW 1,182,070, and appropriated the amount of subrogated payment to the Plaintiff. 4) As of October 21, 2019, Defendant A repaid the amount of reimbursement to the Plaintiff. 365,027,071 won of the subrogated payment, KRW 323 of the final delayed payment amount, KRW 2,218,501 of the legal procedure expenses paid by subrogation, KRW 367,245,895 (hereinafter “instant indemnity claim”).