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(영문) 서울중앙지방법원 2015.09.11 2014가합550364

사해행위취소

Text

1. As to Defendant A, B, and C’s joint and several liability for KRW 122,705,020 and KRW 119,815,940 among them, Defendant A, B, and C’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2011, the Plaintiff entered into a credit guarantee agreement and conducted loans. (1) On October 18, 201, Defendant A Co., Ltd. (hereinafter “Defendant A”).

B) Between the amount guaranteed 169,200,000 won, and the term of guarantee from October 18, 201 to October 18, 2016, a credit guarantee agreement between the Guarantee Party and the Bank of Korea (hereinafter “instant credit guarantee agreement”).

(2) Defendant A, the representative of Defendant A, and Defendant C, the Defendant’s wife of the above Defendant, jointly and severally guaranteed the liability for indemnity to the Plaintiff on the same day. According to the credit guarantee agreement of this case, Defendant A, the principal debtor, Defendant B, and C, the joint and several surety, shall pay to the Plaintiff additional guarantee fees, etc. calculated at the rate calculated by adding the rate of 0.5% per annum to the remainder of the guaranteed liability if the Plaintiff performed the guaranteed liability to the Bank. < Amended by Presidential Decree No. 23260, Oct. 19, 2011; Presidential Decree No. 25035, Oct. 19, 201; Presidential Decree No. 25074, Oct. 19, 2011>

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) caused a credit guarantee accident on January 21, 2014 due to Defendant A’s delinquency in payment of loans. On May 20, 2014, the Plaintiff subrogated for the Bank totaling KRW 119,815,940 (i.e., the principal amount of KRW 117,198,617,940) (i.e., the principal amount of KRW 2,617,940) to the Bank. (ii) The additional guarantee fee of Defendant A calculated pursuant to the instant credit guarantee agreement is KRW 1,742,670; and (iii) the costs incurred by the Plaintiff to preserve the claim for indemnity against Defendant A is KRW 1,146,410; and (iv) the rate of delay damages under the instant credit guarantee agreement is

C. Defendant A’s act of disposing of property 1) Defendant A’s act of disposing of property on December 17, 2013 (hereinafter “Defendant D”).

(C) each of the real estates listed in the separate sheet (hereinafter referred to as “the separate sheet”).