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(영문) 서울중앙지방법원 2020.11.09 2020가단5025676

구상금 및 사해행위 취소의 소

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Defendant A’s 165,609,565 won and 165,091,519 won among the Plaintiff’s 165,605 won and 165,091,519 won annually from June 25, 2019 to February 23, 2020.

Reasons

1. Facts of recognition;

A. (1) On August 12, 2016, the Plaintiff is only Defendant A and Defendant A Co., Ltd. (hereinafter “C”).

(1) The term “credit guarantee agreement” refers to a credit guarantee agreement under which the credit guarantee principal is to be guaranteed with respect to a loan obligation to be owed to it (hereinafter “instant first guarantee agreement”) from August 12, 2016 to August 11, 2017, with the period of credit guarantee (hereinafter “instant period”).

(2) Upon entering into a contract, the Defendant Company agreed to pay to the Plaintiff the amount of subrogated payment, damages for delay calculated at the rate determined by the Plaintiff from the date of subrogated payment, and the expenses paid by the Plaintiff for the purpose of preserving the claim for reimbursement. (2) The Defendant A borrowed KRW 90,000,000 as general operating capital from C on August 16, 2016.

3) The Plaintiff extended the guarantee period of the first guarantee agreement of this case to the end of August 9, 2019. (B) On September 4, 2017, the Plaintiff agreed to pay the Plaintiff the amount of subrogated payment and the amount of damages for delay calculated by the Plaintiff’s payment as determined by subrogation to the Plaintiff when the Plaintiff subrogated for the Defendant Company’s loan to the Plaintiff, to guarantee the credit guarantee principal amounting to KRW 90,00,000, and the credit guarantee period from September 4, 2017 to September 3, 2018 (hereinafter “instant second guarantee agreement”).

2) On September 6, 2017, Defendant A borrowed KRW 90,000,00 as driving capital from C.) The Plaintiff extended the guarantee period of the second guarantee agreement of this case to September 3, 2019.

C. 1 Defendant A is above C around February 5, 2019.

paragraphs 1 and 2.

As the principal and interest of each claim is not paid, C has lost the benefit of time, and C around February 14, 2019.