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(영문) 서울고등법원 2014.12.11 2013나2010800

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “G”) concluded a credit guarantee agreement

After entering into a credit guarantee agreement with the Bank on June 5, 2008, G issued a credit guarantee agreement with the Guarantee Number H, the Guarantee Principal of KRW 2.975 million, and the Guarantee Term of June 2, 2023 (85%) and G received a loan of KRW 3.64 billion from the Industrial Bank of Korea on June 12, 2008 (hereinafter “First Guarantee Agreement”).

2) On May 28, 2009, the Plaintiff entered into a credit guarantee agreement with G, and issued a credit guarantee agreement (credit guarantee rate: 85%) with G as of March 15, 2024. On May 28, 2009, the Plaintiff borrowed KRW 1.8 billion from the Industrial Bank of Korea on May 28, 2009.

(hereinafter “Second Guarantee Case”). 3) The Plaintiff’s net energy Co., Ltd. (hereinafter “net energy”).

After entering into a credit guarantee agreement with the National Bank on June 16, 2009, the credit guarantee agreement was issued on June 15, 2010 with a guarantee number 310209090269, with a guarantee principal of KRW 100 million, and with a guarantee term of KRW 100 million on June 15, 2010. The net energy was loaned KRW 100 million from the National Bank on June 18, 2009 (hereinafter “net energy guarantee agreement”).

(4) According to each credit guarantee agreement, where the Plaintiff performed each of the above guaranteed obligations, G or net energy: (i) the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligations and the amount of damages determined by the Plaintiff from the date of full payment for the performance of the guaranteed obligations as of April 17, 2003 (Provided, That as of April 17, 2003, 14% per annum until three months after the performance of the guaranteed obligations as of April 17, 2003; and 16% per annum for three months after the performance of the guaranteed obligations); (ii) the amount calculated by adding additional guarantee fees at the rate of 1,000 per annum from the date following the date of payment for the amount of the terminated guaranteed obligation to the date of expiration of the guaranteed obligation; and (iii) the Plaintiff’s performance of the guaranteed obligation by performing the guaranteed obligation.