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(영문) 창원지방법원 마산지원 2018.12.05 2017가합101614
구상금 및 사해행위취소
Text

1. Defendant A and Defendant B jointly and severally share KRW 1,337,775,076 to the Plaintiff and KRW 1,330,707,226 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.” from the second entry to the second entry), and entered into a credit guarantee agreement with each of the following terms and conditions (hereinafter referred to as “each of the instant credit guarantee agreements”) as to the repayment obligation of loans to be borne by Defendant A by obtaining a loan from Gyeongnam Bank Co., Ltd. (hereinafter referred to as “Co., Ltd.”), and issued a credit guarantee agreement in accordance with the following table when it is individually named:

The term of each credit guarantee agreement of this case, which is the date of guarantee, seems to have been extended after the date specified in the table.

On September 17, 2013, the guaranteed amount (won) was 352,80,000,000 on September 13, 2017, 2017; Defendant B, as the representative director of the Defendant A on April 28, 2017, jointly and severally guaranteed the obligation owed to the Plaintiff under each credit guarantee agreement of this case, on September 17, 2013, 2013.

Article 10 (Scope of Repayment) (1) When a new guarantor has performed a guaranteed obligation, the principal and joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Guarantors shall be reimbursed within the maximum amount of the guaranteed debt separately stated.

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new report from the payment date of each expense to the repayment date.

(3) The notification under paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Health and Welfare.

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