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(영문) 광주지방법원 2018.01.18 2017가합51438

사해행위취소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 257,941,632 and KRW 254,089,603 among them. < Amended by Presidential Decree No. 2780, Oct. 19, 2016>

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement 1) On September 23, 2015, the Plaintiff is the Defendant Company A (A, corporate registration number: H: hereinafter “Defendant Company”).

(1) The term “stock company” in the name of the company and the Nonghyup Bank (hereinafter referred to as “Company”) are omitted.

(B) the credit guarantee agreement of September 22, 2016 (hereinafter referred to as the “credit guarantee agreement of this case”) on the amount guaranteed as KRW 252,00,000,000, and the term of guarantee for a loan from the Fund.

(2) After the conclusion of the instant credit guarantee agreement, the Defendant obligor Company: (a) borrowed KRW 280,00,000 from the Nonghyup Bank on September 22, 2016, with the repayment performance date fixed on September 24, 2015; (b) Defendant B, the representative director of the Defendant obligor Company, jointly and severally guaranteed the Defendant obligor Company’s obligation to compensate the Plaintiff according to the instant credit guarantee agreement; (c) the principal contents of the instant credit guarantee agreement are as follows: (a) where the Plaintiff performs the guaranteed obligation, the Defendant obligor Company: (a) the amount paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation; and (d) the amount paid by the Plaintiff to the Plaintiff from the date of payment to the date of full payment (10% per annum from February 1, 2016 to the date of closing the argument in this case); and (b) where the Defendant Company fails to discharge the obligation within the payment period, the amount of the unpaid obligation plus 0.5% per annum from the date following the date of payment on subrogation;

3. On September 26, 2016, the NongHyup Bank notified the Plaintiff of the occurrence of a credit guarantee accident with the purport that “the Defendant Company forfeited the benefit of the due date due to overdue payment of interest on August 23, 2016.”

Accordingly, on October 19, 2016, the Plaintiff subrogated 254,089,603 won of the principal and interest to the Nonghyup Bank in accordance with the instant credit guarantee agreement, and the repayment date of the loan obligation.