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(영문) 인천지방법원 2017.02.03 2014가합50469

사해행위취소

Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 426,377,804 and KRW 424,876,790 among them. < Amended by Act No. 11635, Mar. 3, 2013>

Reasons

1. Basic facts

A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) provide credit guarantee agreement and loan 1) to Defendant A Co., Ltd.

(1) On November 24, 2005, the date of the first credit guarantee agreement under which the Defendant Company entered into a credit guarantee agreement with each of the following contents for the purpose of securing the repayment of the principal and interest of loans from a national bank; and (a) on November 24, 2005: the guarantee period of the credit guarantee principal: from November 24, 2005 to November 23, 2006 (the change of the guarantee period to November 15, 2013): (b) the date of the second credit guarantee agreement under which the credit guarantee agreement was entered into on May 19, 2009: (a) the credit guarantee principal: 100,000,000,000 won: (b) the credit guarantee principal was changed from each of the national banks as security to October 10, 205; and (c) the period from May 19, 2009 to November 15, 2005;

3) At the time of the conclusion of each of the above credit guarantee agreements, the Defendant Company agreed to pay the repayment amount of the guaranteed obligation and the damages for delay thereof at the rate set by the Plaintiff, and agreed to pay the Plaintiff’s insurance premium and legal procedure expenses paid provisionally for the exercise of the Plaintiff’s right to indemnity or for the preservation of the claim. The interest rate for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to December 1, 2012.

B. In the event of a credit guarantee accident and the Plaintiff’s subrogation, the Defendant Company did not pay interest on loans to the national bank continuously for at least three months after December 17, 2012, and thus, the credit guarantee accident occurred around February 18, 2013. The national bank concluded each credit guarantee agreement with the Plaintiff on March 12, 2013.