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(영문) 서울중앙지방법원 2014.11.20 2013가합526883 (1)

사해행위취소

Text

1.(a)

In addition, paragraph (1) of the attached list of real estate between Defendant Sneta, Co., Ltd., Es. and B.

Reasons

1. Basic facts

A. The Plaintiff: (a) between Company A (hereinafter “Nonindicted Company”); (b) between Company A (hereinafter “Nonindicted Company”); (c) concluded a credit guarantee agreement between the Industrial Bank of Korea and the Industrial Bank of Korea as of May 14, 2008; (d) as of May 13, 2013; (c) concluded a credit guarantee agreement between the Plaintiff and the Industrial Bank of Korea as of April 16, 2010; (d) concluded a credit guarantee agreement between the amount guaranteed on May 14, 2008; (e) the amount of guarantee KRW 250,000,000,000; and (e) the guarantee period as of April 16, 2010; and (e) received each of the above credit guarantee agreements from the respective companies as a collateral; and (e) obtained each of the above credit guarantee agreements from the Industrial Bank of Korea as to March 4, 2015 (hereinafter “each of the instant credit guarantee agreements”).

B. In the event that the Plaintiff fulfills the guaranteed obligation, the non-party company agreed to pay to the Plaintiff the amount of the guaranteed obligation and damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, compensation for the execution of the obligation, exercise of the obligation, and expenses incurred in legal procedures. B

On the other hand, the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012.

C. On December 31, 2012, a credit guarantee accident occurred due to the suspension of current account transactions. On February 4, 2013, the Plaintiff subrogated the Bank of Korea for KRW 407,866,09, total amount of the principal and interest of the loan pursuant to each credit guarantee agreement of this case.

After that, the Plaintiff recovered KRW 781,80 on the date of the performance of the guaranteed obligation, and with respect to the amount recovered, 257 won is calculated based on the rate of delay damages from the date of subrogation to the date of recovery (=781,800 won x 12% x 1/365, and less than won).