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(영문) 서울중앙지방법원 2018.07.13 2017나37071
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2.(a)

The defendant and the co-defendant A of the first instance trial on February 12, 2016.

Reasons

1. Facts of recognition;

A. (1) On July 9, 2014, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and C with the Co., Ltd. (hereinafter “Non-Party Company”) on the condition that the guaranteed amount would be KRW 180 million and that the guarantee period would be extended to July 7, 2015 (this shall be extended to July 7, 2017). The Co-Defendant A (hereinafter “A”) of the first instance trial, who was the representative of the Non-Party Company, guaranteed the Plaintiff with respect to the principal and interest obligation to be borne by the Non-Party Company by obtaining a loan from the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”). The Co-Defendant A (hereinafter “A”), under the instant credit guarantee agreement, jointly and severally guaranteed all obligations, such as indemnity liability owed by the Non-Party Company to the Plaintiff.

(2) According to the instant credit guarantee contract, when the Plaintiff performed the above guaranteed obligation, the non-party company agreed to pay to the Plaintiff all the incidental obligations, including the amount subrogated by the Plaintiff, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the final applicable guarantee fee rate to the pertinent guarantee guarantee fee rate from the day following the date of payment of the guarantee fee for the amount not terminated, and other legal procedure expenses paid by the Plaintiff for delay.

B. (1) In the event of a credit guarantee accident, Plaintiff’s subrogation, etc., Nonparty Company recorded the net loss of KRW 132,591,050 in the year 2015, began to delay interest on loans to Industrial Bank of Korea from May 28, 2016, and filed an application for rehabilitation with the Seoul Central District Court on August 1, 2016, and the Industrial Bank of Korea notified the Plaintiff of the guarantee accident on August 8, 2016.

(2) Accordingly, on September 7, 2016, the Plaintiff repaid the principal and interest of loan 181,312,287 won to the Industrial Bank of Korea on behalf of Nonparty Company, and thereafter, recovered KRW 2,689,640 and appropriated the amount of subrogation for the amount of subrogation, thereby making the remainder of the amount of subrogation as KRW 178,62,647.

C. Donation contracts, etc. between A and the defendant (1)

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