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(영문) 전주지방법원군산지원 2014.12.18 2014가합11002

구상금 및 사해행위취소

Text

1. As to the Plaintiff, ① Defendant limited liability company and B jointly and severally KRW 657,053,448 and KRW 656,005,675.

Reasons

1. Facts of recognition;

A. (1) The Defendant limited liability company A entered into a credit guarantee agreement between the Plaintiff, ① a credit guarantee agreement between the Plaintiff, with the credit guarantee principal of KRW 255,00,000,000 on October 14, 2013, and the credit guarantee period from October 14, 2013 to October 13, 2014. Upon obtaining a credit guarantee agreement from the Plaintiff, the Plaintiff provided it as a collateral to a new bank, and borrowed KRW 300,000,000 from the new bank, and ② the credit guarantee agreement was concluded between the Plaintiff and the new bank on January 29, 2014, with the credit guarantee principal of KRW 400,000,000, and the credit guarantee period of KRW 50,000,000 from January 29, 2014 to January 28, 2015, each of the credit guarantee agreements was concluded (hereinafter collectively referred to as “the credit guarantee agreement”).

(2) Defendant B jointly and severally guaranteed the liability for reimbursement that Defendant A owes to the Plaintiff pursuant to each credit guarantee agreement of this case, and the liability for reimbursement that Defendant C bears to the Plaintiff pursuant to the credit guarantee agreement of this case.

3) According to each credit guarantee agreement of this case, if Defendant A paid the principal and interest of loan to a lending bank on behalf of the Plaintiff due to Defendant A’s failure to pay the principal and interest of loan to the lending bank, Defendant A paid the Plaintiff the interest rate of delay (12% per annum) determined by the Plaintiff on behalf of the Plaintiff until the date of full payment of the amount of subrogated and the amount of its full payment, and the expenses paid by the Plaintiff to compensate for the amount of the above amount of reimbursement. (B) Defendant A failed to pay the amount of loan from a new bank on the due date of the payment of the principal and interest of April 29, 2014, and eventually, the occurrence of a guarantee accident stipulated in each credit guarantee agreement of this case due to delay of the principal and interest

2 The new bank lost the benefit of each of its loans and claimed the Plaintiff to discharge the guaranteed obligation, and the Plaintiff on May 22, 2014.