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(영문) 서울중앙지방법원 2015.09.15 2014가단5093463

구상금 및 사해행위취소 등

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1. Defendant A, B, C, D, and E are jointly and severally liable for KRW 95,968,195 and KRW 95,81,878 among them. < Amended by Act No. 12393, Apr. 1, 2014>

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several sureties contract on April 14, 2009 (hereinafter “Defendant A”).

between Defendant A and the National Bank, Inc. (hereinafter “National Bank”).

A) As to the obligation of KRW 100,000,000 to be loaned from Defendant A, a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) determined and guaranteed by April 13, 2010 as the guaranteed amount of KRW 95,00,000,00, and the term of guarantee by April 13, 2010 (i.e., the final change to April 11, 2014 upon Defendant A’s request for the change

2) On April 14, 2009, the date of the conclusion of the instant credit guarantee agreement, Defendant B, C, D (trade name before the modification: G; hereinafter “Defendant D”) and E entered into an agreement on the joint and several guarantee of all obligations that Defendant A owes to the Plaintiff in accordance with the instant credit guarantee agreement, but Defendant E guaranteed up to KRW 124,00,000.

3) According to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, the said Defendants shall pay damages calculated by multiplying the amount of performance of the guaranteed obligation to the Plaintiff by the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation (the rate of damages for delay determined by the Plaintiff shall be 12% per annum from December 1, 2012 to the date of repayment of the guaranteed obligation) and expenses incurred in the legal procedures for the preservation of the execution of the claims. When the Defendant violated the obligation to perform the principal obligation, or when the cause for registration of overdue information, financial order disturbance information, or public record information arises under the Credit Information Management Rules of the Korea Federation of Banks, etc., the Plaintiff may claim in advance the amount guaranteed by the Plaintiff against the Defendant and its joint and several sureties without any separate notice or peremptory notice. (B) Defendant A may submit a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee agreement to the National Bank on April 15, 2009.