beta
(영문) 서울중앙지방법원 2019.02.11 2018가합542385

구상금 및 사해행위 취소 등의 소

Text

1. Defendant A’s KRW 182,124,147 as well as 10% per annum from July 25, 2017 to October 30, 2017, respectively, to the Plaintiff.

Reasons

1. The facts falling under each of the following subparagraphs may be found as a whole by taking into account each entry in Gap evidence 1 to 3 and 5 to 7 (including each number):

On November 12, 2015, Defendant A (business name C) entered into a credit guarantee agreement between the Plaintiff and the Plaintiff to guarantee Defendant A’s loan obligations by setting the credit guarantee principal of KRW 180 million and the credit guarantee period from November 12, 2015 to November 11, 2016. On November 12, 2015, Defendant A (business name C) borrowed KRW 200 million from Defendant D (hereinafter “D”).

B. At the time of the above credit guarantee agreement, Defendant A, when the Plaintiff performed the guaranteed obligation due to the failure of the Plaintiff to repay the loan obligation, shall reimburse the amount, delay damages, and expenses for compensating for the loan. However, even before the Plaintiff performed the guaranteed obligation to the lending bank, Defendant A agreed to exercise the right of indemnity in advance against the amount guaranteed by the Plaintiff when the Plaintiff breached the principal obligation even before the loan bank discharges the guaranteed obligation.

C. From April 14, 2017, Defendant A delayed interest on loan, and D notified the Plaintiff of a credit guarantee accident due to Defendant A’s delinquency in payment of the above loan obligation on June 13, 2017. The Plaintiff subrogated KRW 182,124,147 to D on July 25, 2017 in accordance with the said credit guarantee agreement, and on the other hand, the agreed interest rate determined by the Plaintiff to be 10% per annum since February 1, 2016.

Defendant A entered into a mortgage contract with Defendant B, Defendant A, and the maximum debt amount as KRW 300 million on January 31, 2017 (hereinafter “instant apartment”). On the same day, Defendant A entered into the mortgage contract with Defendant B, Defendant A, and the Seoul Central District Court’s receipt of registration No. 17413.