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(영문) 서울중앙지방법원 2016.11.21 2016가단5024027

구상금 및 사해행위 취소 등 청구의 소

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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 64,948,519 and KRW 64,416,99 among them. < Amended by Act No. 1224, Jan. 14, 2016>

Reasons

1. Basic facts

A. On November 19, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A (hereinafter “Defendant A”) by setting the guarantee amount of KRW 64,00,000 as well as the period from the same date as the guarantee period to November 18, 2015. At the time, Defendant B jointly and severally guaranteed the Defendant A’s liability for indemnity under the instant credit guarantee agreement.

B. At the time of concluding the instant credit guarantee agreement with the Plaintiff, Defendant A agreed to pay the Plaintiff (i) the amount repaid by the Plaintiff and the damages for delay determined by the Plaintiff from the date of repayment to the date of full payment with respect to the amount repaid by the Plaintiff; (ii) the penalty calculated by adding 0.5% per annum to the applicable guarantee rate from the date following the expiration date of guarantee to the date of vicarious payment with respect to the amount guaranteed by the Plaintiff’s guaranteed obligation which has not been discharged by the guarantee liability within the guarantee period; and (iii) the expenses required by the Plaintiff for the enforcement and preservation

Meanwhile, the rate of delay damages determined by the Plaintiff was 12% per annum from the date of the instant credit guarantee agreement to the present.

C. Under the instant credit guarantee agreement, Defendant A loaned KRW 80,000,000 from Han Bank on November 21, 2014 as of November 18, 2015; however, Defendant A failed to repay the principal and interest of the loan to Han Bank on November 18, 2015, whose maturity is due.

On January 14, 2016, the Plaintiff subrogated to Han Bank for KRW 64,416,99 ( principal + KRW 64,000,000 + interest KRW 416,99) upon the request for performance of guaranteed obligation by Han Bank.

The substitute payments paid by the Plaintiff for the preservation of the claim against the claim for reimbursement is 35.