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(영문) 서울중앙지방법원 2015.06.05 2014가합581788

구상금 및 사해행위취소

Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 189,275,876 and KRW 187,132,185 among them. From September 29, 2014.

Reasons

1. Basic facts

A. On October 31, 201, the Plaintiff entered into a credit guarantee agreement between Defendant A and the credit guarantee period of October 30, 2012 (amended by October 29, 2014) and the credit guarantee principal amount of KRW 214,00,000 (hereinafter “instant credit guarantee agreement”).

Defendant B jointly and severally guaranteed all obligations under the instant credit guarantee agreement to be borne by Defendant A to the Plaintiff.

B. According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation to the creditor of the defendant A, he shall pay the amount of the performance and the damages for delay in accordance with the rate as determined by the plaintiff (12%) from the date of performance to the date of full payment of the guaranteed obligation. If the plaintiff's guaranteed obligation is not extinguished by the date of discharge of the principal obligation, he shall pay the penalty at the rate calculated by adding the rate of 5/100 per annum to the guarantee fee rate for the remaining principal obligation during the period from the date following the expiration date of the guaranteed obligation to the date preceding the date of payment of the guaranteed obligation, or from the date following the expiration date of the guaranteed obligation to the date of payment of the principal obligation by subrogation.

C. Defendant A received a loan of KRW 214,00,00 from the National Bank on October 31, 201. On July 17, 2014, Defendant A lost the benefit of the term for the above loan obligations due to natural disasters. The Plaintiff repaid the principal and interest of the loan amount of KRW 216,84,323 in subrogation of Defendant A on September 29, 2014.

On April 30, 2015, the Plaintiff recovered KRW 2,712,138, and KRW 27,00,000 on May 6, 2015 from Defendant A, respectively, and collected KRW 187,132,185 for the remainder of subrogation as of May 6, 2015. In this regard, the Plaintiff incurred KRW 2,143,691 for the finalized delay damages.

On the other hand, on June 13, 2014, Defendant A concluded a mortgage agreement with Defendant C regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) as KRW 50,000,000 on the debtor’s boarding metal, maximum debt amount, etc.