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(영문) 광주지방법원 2016.10.28 2015가합54617

구상금 및 사해행위취소

Text

1. The Plaintiff:

A. The defendant A and C jointly share 178,838,255 won and 133,794,519 won among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter referred to as the “Defendant Company”) under which the Defendant Company received a loan from the Korea Standards Bank (hereinafter referred to as the “SC Bank”), the Korean National Bank (hereinafter referred to as the “National Bank”) and the Korean National Bank (hereinafter referred to as the “National Bank”), as set out in Table 1, and entered into a credit guarantee agreement with the Defendant Company A (hereinafter referred to as the “each of the instant credit guarantee agreements”).

[Attachment 1] On April 13, 201, D 13, 201, the first D 72,000,000 on April 10, 2015, the second E 17, 17,500,000 on July 17, 2012, the National Bank third F 14,000,000 on April 14, 2014, the third D 14,000,000,000 on April 13, 2015

B. In entering into each of the credit guarantee agreements of this case, the Plaintiff and the Defendant Company agreed to pay to the Plaintiff the amount of subrogated payment and the rate determined by the Plaintiff (12% per annum until January 31, 2016, and 10% per annum thereafter) from the date of subrogation to the Plaintiff when the Defendant Company subrogated for the obligation of the Defendant Company due to the occurrence of an accident of credit guarantee such as principal in arrears, etc., the Defendant Company shall pay to the Plaintiff the amount of such subrogated payment and the amount of delay compensation, the penalty for attempted breach of contract (the amount calculated by applying the rate of 1.9% per annum from the date following the expiration date of the guarantee period until the date of payment until the date of the expiration date of the subrogation) and the expenses for compensating

In addition, according to each guarantee contract of this case, Defendant C has jointly and severally guaranteed the liability for indemnity to be borne by Defendant C in accordance with the first and third credit guarantee contract of this case.

C. As to the credit guarantee contract on June 17, 2014, Defendant Company is related to the third credit guarantee contract on July 8, 2014 on the grounds of natural body.