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(영문) 서울중앙지방법원 2020.11.10 2019가단5099381

구상금 및 사해행위 취소의 소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 20,878,523 as well as KRW 20,613,663 as to the Plaintiff. < Amended by Presidential Decree No. 2420, Apr. 10, 2019>

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee and subrogation, etc. 1) The Plaintiff is a special corporation established under the Credit Guarantee Fund Act, and is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) on November 13, 2015.

(2) The term of “the guaranteed principal” and “the guaranteed principal amount of KRW 25,60,00,000 and the term of guarantee shall be changed to November 11, 2016 (the period of guarantee shall be November 8, 2019).” In the event the Defendant Company fails to perform its principal obligation, it shall pay a penalty calculated by multiplying the guaranteed amount among its guaranteed obligations by the rate of KRW 0.5% per annum by the rate of 0.5% per annum; in the event the Plaintiff performs its guaranteed obligation, the Defendant Company shall pay to the Plaintiff a penalty calculated by multiplying the amount under subparagraph 1 by the rate determined by the Plaintiff from the date the guaranteed obligation is discharged to the date the guaranteed obligation is repaid; (3) the expenses incurred in the discharge of the guaranteed obligation; (4) the expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation; (5) the unpaid guarantee fee, delayed guarantee fee, penalty, and the amount paid under subparagraphs 3 and 4 by the credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”).

on the same day, the Defendant Company is entitled to the credit guarantee under the said contract (hereinafter referred to as the “instant credit guarantee agreement”).

(2) Defendant B, the representative director of the Defendant Company, was jointly and severally and severally guaranteed all obligations owed by the Defendant Company under the instant credit guarantee contract.

3) The Defendant Company is entitled to the Industrial Bank of Korea (hereinafter “Nonindicted Bank”) under the instant credit guarantee agreement.

(4) On April 10, 2019, the Plaintiff received a loan from a non-party bank, which caused a guarantee accident in arrears with interest on December 1, 2018, thereby losing the benefit of time. (4) Accordingly, on April 10, 2019, the principal and interest of the loan arising from the instant guarantee contract with the non-party bank.