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(영문) 서울중앙지방법원 2017.04.21 2016가단5154157

사해행위취소

Text

1. As to the Plaintiff’s joint and several costs of KRW 7,357,913 and KRW 7,357,872 from June 10, 2016 to July 10, 2016

Reasons

1. Basic facts

A. On September 12, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with the Plaintiff (hereinafter “instant guarantee agreement”) with the Defendant A with the guarantee principal KRW 20,00,000, and the guarantee period until September 12, 2017 (hereinafter “instant guarantee agreement”).

(2) At the time of the instant guarantee agreement, Defendant A, the husband of Defendant A, jointly and severally guaranteed the Defendant A’s claim for reimbursement against the Plaintiff.

3) According to the instant guarantee contract, when the Plaintiff fulfilled the guaranteed obligation under the contract, the Defendant A is obliged to pay the Plaintiff the amount of subrogated payment and the amount of delay damages at the rate set by the Plaintiff from the date of subrogated to the date of full payment of the amount of reimbursement. Meanwhile, where the Defendant A received the disposition of suspension of current account transactions and the notification of a credit guarantee accident, etc. from the transaction bank, the Plaintiff can claim in advance the Plaintiff’s guaranteed amount without any separate notice or peremptory notice as to the Defendant A and its joint guarantor. 4) Defendant A provided a credit guarantee certificate issued by the Plaintiff to the Nonghyup Bank Co., Ltd. (hereinafter “CF Bank”) on September 12, 2012, and extended KRW 20,000,000, but due to the aggravation of financial standing, the financial status of the Plaintiff, such as delayed payment of interest on March 15, 2016 due to the aggravation of financial standing, lost its interest due to delay in payment of principal on April 13, 2016.

5) Accordingly, on June 10, 2016, the Plaintiff subrogated the Nonghyup Bank for Defendant A with KRW 7,485,312 ( principal KRW 7,400,00 + interest KRW 85,312) (interest). On the same day, the Plaintiff recovered KRW 127,440 out of the amount of subrogated payment under the instant guarantee agreement, and thus, the remainder of subrogation payment is KRW 7,357,872 (i.e., KRW 7,485,312 - 127,40). The fixed delay damages due to partial recovery are KRW 41.6) The Plaintiff’s interest rate for delay payment determined by the Plaintiff is KRW 17% per annum until December 1, 2010 and from December 2, 2010 to May 1, 2015.