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(영문) 서울중앙지방법원 2017.01.13 2015가합570594
사해행위취소
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff Credit Guarantee Fund KRW 943,406,288 and KRW 941,082,468 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement with Defendant C Co., Ltd. (hereinafter “C”) with a content that guarantees Defendant C’s loan obligations (hereinafter “each credit guarantee agreement of this case”).

Defendant C received a loan of KRW 550,000,000 from the Industrial Bank of Korea (hereinafter “each of the instant loans”), based on each of the instant credit guarantee agreements, and each of the instant credit guarantee agreements extended the term of guarantee as follows.

- July 26, 2012.-- - July 24, 2015. 857,500,000 won on July 24, 2015, July 23, 2015, the extended guarantee rate of the guaranteed amount, the original guarantee period of which has changed due to the changed guarantee rate of the guaranteed amount (the original guarantee rate).

At the time of each credit guarantee agreement in this case, Defendant C agreed to pay the Plaintiff’s loan obligation on behalf of the Plaintiff for the performance of the guaranteed obligation, ① the amount of the obligation to discharge the guaranteed obligation, ② the amount calculated by the rate prescribed by the Plaintiff Credit Guarantee Fund from the date of the performance of the guaranteed obligation to the Plaintiff Credit Guarantee Fund to the date of the full payment of the guaranteed obligation (12% per annum from December 1, 2012 to January 31, 2016), ③ the expenses for the preservation of the right acquired through the performance of the guaranteed obligation, and the Defendant C’s representative director as at that time jointly and severally guaranteed the obligation that Defendant C bears to the Plaintiff Credit Guarantee Fund pursuant to the credit guarantee agreement in this case.

Meanwhile, the Plaintiff Credit Guarantee Fund determines the scope of the guaranteed obligation to be performed by the creditor as “the principal not exceeding the guaranteed amount by multiplying the balance of the guaranteed loan by the guarantee ratio, and the accrued interest at the agreed interest rate (excluding the overdue interest rate applied on the date of payment, which is an overdue interest rate) from the date of performance

C. Defendant C is due on September 7, 2015.

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