beta
(영문) 서울중앙지방법원 2016.06.15 2015가단5297156

사해행위취소

Text

1. Defendant A Co., Ltd., Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 114,067,526 and one of them is 12,838.

Reasons

1. Basic facts

A. The Plaintiff, such as the status of the parties, is a foundation whose purpose is to facilitate its financing and contribute to the revitalization of the regional economy by guaranteeing obligations of small enterprises, etc. with weak growth potential and good credit standing.

B. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A Company (hereinafter “Defendant Company”) with a credit guarantee principal of KRW 170,000,000,000 and the credit guarantee term as of June 19, 2015 (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee agreement on June 19, 2012.

Defendant Company was loaned KRW 130,000,000 from Nonghyup Bank as security the said letter of credit guarantee.

(2) Defendant B Co., Ltd. and Defendant C jointly and severally guaranteed each obligation under the instant credit guarantee agreement of the Defendant Company.

(3) When the Plaintiff fulfilled the guaranteed obligation, the principal content of the instant credit guarantee agreement ought to be jointly and severally paid to the Defendant Company and the joint and several sureties, the amount of performance of the guaranteed obligation that the Plaintiff jointly and severally paid to the Plaintiff, and the rate determined by the Plaintiff (12% per annum after March 20, 2015), damages calculated by the calculation method, and expenses incurred in the performance, collection, etc. of the guaranteed obligation.

C. Around March 20, 2015, Defendant Company, including the Plaintiff’s performance of guaranteed liability, caused a credit guarantee accident as stipulated in the instant credit guarantee agreement due to natural substances.

On July 15, 2015, the Plaintiff paid the sum of KRW 112,838,602 to the Nonghyup Bank.

In order to preserve the claim for indemnity due to the above subrogation, the Plaintiff spent KRW 1,062,424 as the legal procedure cost, and disbursed KRW 166,50 as the additional guarantee fee.

On March 12, 2015, Defendant C, including the disposal of real estate stated in the purport of the claim, sells real estate stated in the purport of the claim (hereinafter “instant real estate”) to Defendant D (hereinafter “instant sales contract”), and written the purport of the claim.