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(영문) 서울중앙지방법원 2016.12.13 2016가단5074138

구상금 및 사해행위취소

Text

1. As to KRW 100,603,409 and KRW 99,654,367 among the Plaintiff, Defendant A’s year from February 3, 2016 to May 1, 2016.

Reasons

1. Facts of recognition;

A. (1) On March 27, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A, who operated brea and scambling wholesale business in a mutual name, as follows, with respect to Defendant A’s loans to the Industrial Bank of Korea (hereinafter “instant credit guarantee agreement”).

- A) ADD - The E guarantee number: The term of contract calculated from March 27, 2014 to March 26, 2015 (the extended period until March 15, 2016): the guaranteed principal: the loan amount of KRW 9,00,000: the loan amount of small and medium enterprise funds: the amount of KRW 110,000: (2) the Bank interest branch of the Industrial Bank of Korea; and (2) the Defendant agreed to pay without delay the Plaintiff a penalty and the penalty calculated by the Plaintiff during the period from the date of subrogation to the date of full payment (10% per annum from February 1, 2016 to the date of full payment).

B. (1) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc. (i) Defendant A provided a credit guarantee agreement based on the instant credit guarantee agreement as security and received a loan of KRW 100 million from the Industrial Bank of Korea on April 2, 2014. (2) Defendant A delayed payment of the principal and interest of loan to the Industrial Bank of Korea from August 3, 2015, and the Industrial Bank of Korea notified the overdue payment to the Bank on November 12, 2015 and lost its benefit due to the registration of credit management information processing on November 16, 2015.

Accordingly, the Industrial Bank of Korea filed a claim against the Plaintiff for the performance of the guaranteed obligation based on the credit guarantee agreement of this case, and the Plaintiff entered into the Industrial Bank of Korea on February 3, 2016.