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(영문) 서울중앙지방법원 2014.08.26 2013가합545990

사해행위취소

Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several costs of KRW 185,659,391 and KRW 184,202,431 among them, respectively.

Reasons

1. Basic facts

A. On April 20, 2012, the Plaintiff is a credit guarantee agreement and loan 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

As between the credit guarantee principal and the credit guarantee agreement between April 20, 2012 and March 31, 2016 (hereinafter “instant credit guarantee agreement”). The credit guarantee agreement between April 20, 2012 and the credit guarantee period (hereinafter “instant credit guarantee agreement”).

(1) Upon entering into a credit guarantee agreement, the Defendant Company issued a credit guarantee agreement, and the Defendant Company is a Korean Bank (hereinafter referred to as the “Korea Bank”).

(2) The principal contents of the credit guarantee agreement of this case are as follows: (a) if the Defendant Company fails to repay its loan obligations, the Plaintiff shall exercise the right to indemnity against the Defendant Company by subrogation and the damages for delay calculated at the rate prescribed by the Plaintiff (14%) from the date the Plaintiff subrogated to the Defendant Company to the date of full payment, and from the date of full payment. The Defendant Company shall pay to the Plaintiff additional guarantee fees arising from failure to meet the principal obligation by the cost and guarantee period incurred in preserving or executing the claim for indemnity.

Defendant B and his spouse (hereinafter “the deceased”) jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement.

B. When a credit guarantee accident occurred due to delay in payment of interest on May 4, 2013 by the Defendant Company, the Plaintiff subrogated the principal and interest of 184,202,431 won to the Bank on August 26, 2013 in accordance with the credit guarantee agreement in this case, and collected KRW 330,140,000 from the cost of preserving the claim, but collected KRW 9,390,00. The additional guarantee fee incurred is KRW 1,136,210.

Accordingly, the Plaintiff acquired a claim for indemnity amounting to KRW 185,659,391 ( KRW 184,202,431, KRW 320,750, KRW 136,210) (hereinafter “claim for indemnity”).

C. The Deceased’s death and the Defendant B’s death on October 24, 2012, the deceased died.