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(영문) 서울중앙지방법원 2019.03.14 2018가단5000834

사해행위취소

Text

1. Defendant A’s KRW 29,934,294 and KRW 21,256,947 among the Plaintiff and KRW 8,571,49.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Facts of recognition 1) The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A and issued a credit guarantee agreement (hereinafter “guarantee agreement”) with Defendant A on June 26, 2015, KRW 21,00,000 of the guaranteed principal, and the term of guarantee on June 24, 2016, and a credit guarantee agreement with individual guarantee methods (hereinafter “guarantee 1”), and ② December 27, 2016, respectively, with the guaranteed principal 8,50,000,00 of the guaranteed principal, and the term of guarantee on December 27, 2021, with individual guarantee methods (hereinafter “Guarantee 2”). Defendant A submitted this credit guarantee agreement to Company C and D Bank, and received a loan.

B) After receiving such loans from the non-party bank as above, Defendant A caused a guarantee accident on June 24, 2017 due to the principal in arrears. The Plaintiff paid to the above bank KRW 21,256,947 in relation to guarantee 1 October 27, 2017, and KRW 8,571,497 in subrogation of the Plaintiff in relation to guarantee 2.3.2, 2017) under the credit guarantee agreement of this case, if the Plaintiff claims for the performance of the guaranteed obligation from the non-party bank, the Defendant A paid the Plaintiff for the performance of the guaranteed obligation, and the delayed payment from the date of the payment to the date of the full payment thereof, the additional guarantee fee from the date following the date of the guarantee fee to the date of the expiration of the guaranteed obligation, and the additional guarantee fee from the date following the date of the guarantee fee to the date preceding the date of the expiration of the guaranteed obligation, and the first repayment rate of the Plaintiff’s delayed payment from the date of the first payment to the date of 10.7.