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(영문) 서울중앙지방법원 2015.01.16 2014가합540442 (1)
사해행위취소
Text

1. It was concluded on October 25, 2013 between the Defendant and G with respect to the real estate listed in paragraphs 1 and 2 of the attached list.

Reasons

1. Basic facts

A. (i) On April 29, 2008, the Plaintiff entered into the instant credit guarantee agreement with A Co., Ltd. (hereinafter all Co., Ltd., the name of the Co., Ltd. is omitted from the second entry). A was granted a loan of KRW 1 billion from the Industrial Bank of Korea as security.

D. At the time of the Credit Guarantee Agreement, upon the Plaintiff’s performance of the guaranteed obligation, A agreed to pay to the Plaintiff the amount of subrogated payment, damages after the date of performance, additional guarantee fee added by the rate of the final applicable guarantee fee rate of 0.5% from the day following the date of payment of guarantee fee for the amount not terminated to the day before the expiration date of guarantee, and other incidental obligations such as the legal procedure cost paid by the Plaintiff for delay.

Consolidatedly, G et al. jointly and severally guaranteed the obligation of A to the Plaintiff under the credit guarantee of this case.

B. On October 7, 2013, the Plaintiff lost the benefit of time due to this natural body, and on March 5, 2014, the Plaintiff repaid the loan of KRW 1,018,410,684 to the Industrial Bank of Korea by subrogationing A on March 5, 2014, and thereafter recovered KRW 1,397,260 to recover KRW 1,397,260, and the amount of subrogation was KRW 1,017,013,424.

The ratio of delay damages on the basis of the instant credit guarantee agreement is 16% per annum from April 17, 2003 to November 30, 2012 (Provided, That 14% per annum from April 17, 2003 to March 3, 2012; 16% per annum from March 17, 2003; and 12% per annum from December 1, 2012; and 459 won (1,397,260 won x 12% 】 12% per annum from March 5, 2014 to March 5, 2014).

Article 22 of the Civil Procedure Act provides that the balance after recovery shall be KRW 5,363,930 among the legal procedure costs paid by the plaintiff to secure the claim for reimbursement against A.

C. (i) E is the actual operator of K and A, and G is the E.

A and K have been supplied with salt, etc. from July 2010 to the Defendant as a textile processing company, and around February 2013.

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