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(영문) 서울중앙지방법원 2016.10.27 2016가합533509
구상금 및 사해행위 취소 등 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 480,796,610 and KRW 231,411,450 among them, from September 30, 2015, and from September 248.

Reasons

1. The basis for the request;

A. On January 29, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on January 28, 2010, setting the term of guarantee as KRW 225,00,000, and the term of guarantee as of January 28, 2010 (the extended term of guarantee was changed to January 22, 2016). On December 4, 2009, the principal of the guarantee was 25,000,000 (the reduction of the principal of the guarantee after the expiration of the period of guarantee was changed to KRW 240,00,000) and the term of guarantee was changed to November 27, 2015 (the extension of the term of guarantee after the extension of the period of guarantee, and the term of guarantee was changed to that of the Plaintiff Company’s joint and several liability for indemnity.

B. The rate of delay damages stipulated in each credit guarantee agreement as above is 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016.

C. The Defendant Company submitted each of the above credit guarantees issued by the Plaintiff and borrowed 300,000,000 won from the Industrial Bank of Korea on January 29, 2009, and 300,000,000 won from the National Bank of Korea on December 4, 2009 (hereinafter “National Bank”).

On May 22, 2015, the Defendant Company lost the benefit under the loan agreement as a natural body for each of the above loans. On September 30, 2015, the Plaintiff repaid KRW 231,411,450 (the principal = 225,00,000 + interest + interest KRW 6,411,450 + interest + interest KRW 6,450) to the National Bank on November 26, 2015 (the principal + 248,809,972 + interest KRW 240,000 + interest KRW 8,809,972) to the National Bank on November 26, 2015.

In addition, the Plaintiff spent a total of KRW 1,964,420 won, such as KRW 1,564,140 on July 20, 2015, and KRW 400,280 on August 17, 2015, and KRW 1,389,232 on the recovery of KRW 1,38,188.

E. Therefore, the Defendants are jointly and severally and severally liable to the Plaintiff KRW 480,796,610 (231,411,450 + the amount of subrogated payment by a national bank + KRW 248,809,972 + the amount of subrogated payment by the national bank + KRW 575,188) and the amount thereof, whichever is 231,411.

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