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(영문) 서울중앙지방법원 2018.01.12 2016가단5242948
사해행위취소
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) starting from September 29, 2016, for KRW 168,335,393 and KRW 167,692,665 among them.

Reasons

1. Basic facts

A. On June 17, 2009, the Plaintiff entered into a credit guarantee agreement and loan (1) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and a credit guarantee agreement (the credit guarantee agreement was extended from June 17, 2009 to June 16, 2010) with the credit guarantee principal of KRW 237,50,000 (the credit guarantee principal was reduced to KRW 168,000,000) and the credit guarantee period was extended from June 17, 2009 to June 16, 2010 (the extension from June 10, 2016 to June 10, 2016). The Defendant Company received a loan from an enterprise bank as collateral a loan of KRW 250,00,000 for a small and medium enterprise loans.

(2) On June 7, 2016, the Plaintiff and the Defendant Company concluded a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the credit guarantee principal of KRW 168,00,000, and the credit guarantee period from June 7, 2016 to June 4, 2021, to recover the guarantee guarantee under the credit guarantee agreement of this case.

(3) A, the representative director of the Defendant Company, was jointly and severally guaranteed the Defendant Company’s obligations based on each credit guarantee agreement of the instant case.

(4) According to each credit guarantee agreement of this case, where the plaintiff performed the guaranteed obligation, the defendant company shall pay to the plaintiff the amount paid by the plaintiff for the performance of the guaranteed obligation, ① damages for delay, penalty, ② expenses incurred in the performance of the guaranteed obligation, ③ expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ③ insurance premium paid by the plaintiff on behalf of the plaintiff, and expenses incurred in the execution, preservation, exercise of the obligation

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) on September 1, 2016, the Plaintiff was notified of a credit guarantee accident as to the obligation of the loan due to the occurrence of a suspension of current account transaction by an enterprise bank.

Accordingly, according to each credit guarantee agreement of this case, the Plaintiff’s principal amounting to KRW 168,00,000 and interest rate on September 29, 2016 to a corporate bank under each credit guarantee agreement of this case.

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