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(영문) 서울중앙지방법원 2017.08.22 2016가단5233432

사해행위취소

Text

1. As to KRW 20,180,020 and KRW 20,131,530 among the Plaintiff, Defendant A shall be from August 23, 2016 to December 13, 2016.

Reasons

1. Facts of recognition;

A. A. Around July 1, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A, who runs a self-employed business in the name of “C,” and with Defendant A, to guarantee the payment of the principal and interest of loan within the scope of the guaranteed amount to guarantee the payment of the principal and interest of loan. In the event that the Plaintiff performed the guaranteed obligation to the said bank for Defendant A, Defendant A entered into a credit guarantee agreement with the Plaintiff to pay to the Plaintiff the unpaid amount of the Plaintiff’s subrogation and the amount of damage determined by the Plaintiff, ② unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.

B. On July 1, 2015, the Plaintiff agreed that, based on the aforementioned credit guarantee agreement with respect to the principal and interest obligation of KRW 20,000,000 for small and medium enterprise loans that Defendant A will borrow from the Industrial Bank of Korea, the guaranteed amount is KRW 20,000,000, and the guaranteed term of the guarantee term agreement refers to the repayment date of the principal obligation in the case of an individual guarantor, and the guarantee term refers to the repayment date of the principal obligation in the case of an individual guarantor, and the guarantee term does not expire with the lapse of the guarantee term, but with the expiration date

On June 24, 2016, Defendant A issued a credit guarantee certificate, and Defendant A submitted the said guarantee certificate from the said bank on July 1, 2015, and received a loan of KRW 20,000,000 for small and medium enterprise funds.

C. On June 25, 2016, Defendant A lost the interest due to the delayed payment of principal and interest of the above loan obligation, and was unable to repay the loan to the above bank, the Plaintiff performed the guaranteed obligation by paying the principal and interest of the loan amount of KRW 20,131,530 on August 23, 2016 by subrogationing Defendant A.

In the guarantee of the above loan, 48,490 won additional guarantee fee was incurred, and the rate of damages determined by the plaintiff as to the amount of subrogation by relevant regulations was April 29, 2015.