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(영문) 청주지방법원 2018.05.31 2017가단101638

사해행위취소

Text

1. Defendant A and B shall jointly and severally pay to the Plaintiff KRW 26,063,504 and KRW 24,848,061, which shall be fully paid from June 9, 2017.

Reasons

1. Basic facts

A. On July 14, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A on July 14, 2015, with the credit guarantee principal of KRW 10 million and the credit guarantee term as of July 13, 2020 (hereinafter “instant credit guarantee agreement”); Defendant B jointly and severally guaranteed the Defendant’s liability for indemnity pursuant to the credit guarantee agreement with the Plaintiff. On the same day, Defendant A borrowed KRW 10 million from the new bank that provided the credit guarantee certificate issued by the Plaintiff as a security. (2) On April 16, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A with the credit guarantee principal of KRW 15 million and the credit guarantee term as of April 13, 2020 (hereinafter “credit guarantee agreement”); Defendant B jointly and severally guaranteed the Plaintiff’s liability for indemnity against the Plaintiff (hereinafter “instant credit guarantee agreement”); and Defendant B jointly and severally guaranteed the Plaintiff’s liability for indemnity.

On the same day, Defendant A was loaned KRW 15 million from the new bank as security the credit guarantee certificate issued by the Plaintiff.

3) According to each credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, Defendant A agreed to pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated according to the Plaintiff’s calculation method (12% per annum) as determined by the Plaintiff from the date of performance to the date of repayment. 4) Defendant A, after July 18, 2016, as to the loans of KRW 15 million under the first credit guarantee agreement, Defendant A lost its profits by failing to pay the principal and interest after September 5, 2016, as to the loans of KRW 15 million under the second credit guarantee agreement, and the Plaintiff subrogated to the new bank for each payment of KRW 10,146,065 (credit guarantee agreement) on December 28, 2016, respectively. < Amended by Act No. 14310, Jan. 15, 2017; Act No. 14556, Dec. 28, 2016>

5) The amount of subrogation under a credit guarantee agreement is offset by 226,020 won for unpaid guarantee fees, and the remainder of subrogation is 9,920,045 won as of December 28, 2016 (i.e., 10,146,065- 226,020) (i.e., 10,146,065- - 226,020) and thereafter the amount of damages incurred until June 8, 2017 (i.e., 9,920,045 x 12% x 162/365).

In addition, the second credit guarantee agreement.