beta
(영문) 서울중앙지방법원 2016.06.15 2015가합546072

구상금 및 사해행위취소

Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 426,067,765 and KRW 421,083,538 among them. < Amended by Act No. 1329, Apr. 1, 2015>

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “A”) (hereinafter “A”), including credit guarantee agreements between the Plaintiff and Defendant A Co., Ltd.

A) The Plaintiff and the Plaintiff have a credit guarantee agreement with the following terms and conditions (hereinafter referred to as “each of the instant credit guarantee agreements”) on each date set forth in the column for the guarantee agreement on the following table:

(1) The Plaintiff paid a debt to the Plaintiff pursuant to the credit guarantee agreement between Defendant B and C as follows. At the time of each credit guarantee agreement, Defendant B and C concluded a loan with a financial institution as collateral. Under each credit guarantee agreement between Defendant B and C, the first credit guarantee on December 19, 2008, the first credit guarantee on the guaranteed credit guarantee term loan (won) of a financial institution with the guarantee term (cost) of the principal credit guarantee agreement, which was the date of the division guarantee agreement, the first credit guarantee on December 19, 2008, an enterprise bank 370,000,000,000 second credit guarantee on December 12, 2014, the second credit guarantee (20,000,0000,000 as of May 3, 30, 2013) the amount subrogated to the Plaintiff and the rate of delayed repayment as determined by the Plaintiff (from December 1, 2012 to December 12, 2012).

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation (1) caused a guarantee accident under each of the instant credit guarantee agreements by failing to pay it, even though Defendant A lost the benefit of each of the above loans. Accordingly, on April 16, 2015, the Plaintiff paid 307,247,770 won (i.e., principal interest of KRW 297,50,000) due to the first guarantee to the Industrial Bank of Korea on April 16, 2015 (i.e., principal interest of KRW 9,747,770), and the principal interest of KRW 113,835,768 (i.e., principal interest of KRW 112,00,000) due to the second guarantee (i.e., interest of KRW 112,760,727 won, penalty, penalty, 223,500, respectively.

C. Defendant B, as to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between Defendant B and Defendant D, is subject to the registration of the establishment of the neighboring real estate between Defendant B and Defendant D.