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(영문) 광주지방법원 2017.11.16 2017가합52066

사해행위취소

Text

1. Defendant A fisheries partnership, B, C, D, and E shall be jointly and severally liable to the Plaintiff for KRW 642,632,931 and KRW 637,693,766 among them.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement 1) On March 21, 2012, the Plaintiff is the Defendant A fisheries partnership corporation (hereinafter “Defendant A”).

(1) The term “stock company” in the name of the company and the Nonghyup Bank (hereinafter referred to as “Company”) are all omitted.

(C) the credit guarantee agreement of March 20, 2020 (hereinafter “the credit guarantee agreement of this case”) on the guarantee amount of KRW 1,800,000,000, and the guarantee period of KRW 1,800,000.

(2) After the conclusion of the Credit Guarantee Agreement, the Defendant Cooperative was loaned KRW 2,00,00,00 from the Nonghyup Bank. Defendant B, C, D, and E jointly and severally guaranteed the obligation of indemnity to be borne by the Plaintiff by the Defendant Cooperative corporation pursuant to the Credit Guarantee Agreement. (2) In the event that the Plaintiff performs the guaranteed obligation, the Defendant Cooperative Corporation shall pay to the Plaintiff the penalty calculated by adding 0.5% of the guaranteed fee rate to the amount paid by the Plaintiff for the performance of the guaranteed obligation and the amount paid by the Plaintiff to the date of full payment (12% per annum from December 1, 2012 to January 31, 2016).

3. On August 2015, the NongHyup Bank notified the Plaintiff of the occurrence of a credit guarantee accident stating that “The Defendant Incorporated Partnership lost the benefit of due to delay in payment of principal and interest on July 30, 2015.”

Accordingly, on August 20, 2015, the Plaintiff subrogated for KRW 637,693,766 to the Nonghyup Bank in accordance with the instant credit guarantee agreement.

Meanwhile, the Plaintiff spent KRW 4,957,764 as the cost for preserving the claim for indemnity, but recovered KRW 18,59 among them, and as of the date of closing the argument in this case.