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(영문) 서울중앙지방법원 2019.02.26 2018가단5111406

사해행위취소

Text

1. Defendant A pays KRW 7,729,576 to the Plaintiff.

2. The plaintiff's claim against the defendant B is all dismissed.

3...

Reasons

1. Basic facts

A. (1) The Plaintiff’s credit guarantee agreement with Defendant A is between Defendant A and Defendant D (hereinafter “Nonindicted Bank”) on February 25, 2016.

(1) The credit guarantee agreement to guarantee the repayment of a loan with respect to a loan for corporate working capital to be granted from the Corporation (hereinafter “instant credit guarantee agreement”) with the term “12,750,000 won in guarantee amount (85%) and the term of guarantee until February 25, 2021 (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, when Defendant A violated the obligation to perform the principal obligation or is notified of non-performance of the credit guarantee or requested for the performance of the guaranteed obligation by the credit guarantee creditor under a credit guarantee contract, the Plaintiff agreed to compensate the Plaintiff for the amount of the obligation to perform the guaranteed obligation and the amount of damages for delay in accordance with the interest rate as determined by the Plaintiff from the date of repayment to the date of repayment of the obligation, the expenses the Plaintiff spent by the Plaintiff to compensate the Plaintiff for the unpaid guarantee fee, the unpaid guarantee fee, additional guarantee fee, the overdue guarantee fee, and the overdue guarantee fee, etc. even before the guaranteed obligation is discharged (Article 5(1)1 and 8 of the Credit Guarantee Agreement).

B. On February 25, 2016, Defendant A, who operated a business with the trade name “E”, was granted a loan of KRW 15,000,000 from Nonparty Bank as collateral for a credit guarantee instrument issued by the Plaintiff, with a 12-month grace period and 48-month principal equal installment repayment terms. Defendant A, a first installment payment date, failed to pay the principal and interest to be paid each month from March 27, 2017, and did not pay the overdue amount.