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(영문) 대전지방법원 2020.07.07 2019가단123257

사해행위취소

Text

1. As to the Plaintiff, Defendant A Co., Ltd and Defendant B, jointly and severally, KRW 844,425,615 and KRW 840,04,245 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a guarantee agreement and subrogated repayment 1) The Plaintiff Company A (hereinafter “Defendant Company”).

) On June 3, 2016, two credit guarantee agreements (hereinafter referred to as "the credit guarantee agreements of this case") with each content of the guaranteed amount of KRW 357,000,000, and the term of guarantee of June 2, 2017 (up to June 1, 2018), ② the guaranteed amount of KRW 475,000,000, and the term of guarantee of KRW 475,000,000, and June 2, 2017 (up to June 1, 2018).

(2) According to each of the credit guarantee agreements in this case, when the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to reimburse the Plaintiff for the amount of the guaranteed obligation and the amount of the damages for delay, guarantee fee, fine for negligence, penalty, damages, substitute payment, etc. in proportion to the rate determined by the Plaintiff (10%).

3) At the time of each credit guarantee agreement of this case, Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff. 4) Defendant Company lost the benefit of time due to delay in interest on K Bank around March 19, 2018.

On June 12, 2018, the Plaintiff repaid K Bank KRW 840,026,416 on behalf of the Defendant Company ( KRW 360,557,773 based on the credit guarantee agreement) ( KRW 479,468,643 based on the credit guarantee agreement).

5) As to KRW 22,171 recovered from the Defendant Company, the Plaintiff incurred KRW 54 per annum from the date of subrogation to the date of recovery thereof, and paid KRW 4,046,836 by subrogation in order to secure the liability for indemnity against the Defendant Company and the Defendant B, and the Plaintiff incurred additional guarantee fees of KRW 374,480 in relation to each of the credit guarantee agreements in this case. (B) As to each of the real estate listed in the attached Table 1 (hereinafter “instant real estate”).