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(영문) 서울중앙지방법원 2020.06.16 2018가단5185599
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 49,909,812 and KRW 49,373,526 among them.

Reasons

1. Basic facts

A. On April 4, 2017, the Plaintiff, as a credit guarantee foundation established under the Regional Credit Guarantee Foundation Act, entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the basis of the guaranteed principal amount of KRW 50,00,000, and the term of guarantee on April 4, 2022 (hereinafter “instant guarantee agreement”). Defendant B jointly and severally guaranteed all obligations under the instant guarantee agreement with the Plaintiff.

B. According to the instant guarantee agreement, 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, damages for delay at the rate set by the Plaintiff from the date of subrogation to the date of repayment, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer, and exercise of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation, ④

C. Under the instant guarantee agreement, the Defendant Company loaned KRW 50,000,000 from D Co., Ltd. (hereinafter “D”).

On May 5, 2018, Defendant Company lost the benefit of time by delaying the repayment of the above loan obligation to D, and on July 2, 2018, the Plaintiff subrogated for KRW 50,494,246 in accordance with the instant guarantee agreement.

E. On July 2, 2018, the Plaintiff recovered KRW 1,120,720 out of the amount of the subrogated payment from the Defendant Company. Of the legal procedural costs incurred by the Plaintiff, the outstanding amount was KRW 535,979, and the finalized amount was KRW 307.

The rate of damages for delay determined by the Plaintiff for subrogation shall be 10% per annum from the date of subrogation to the date of payment.

F. On June 21, 2018, the Defendant Company concluded a transfer contract (hereinafter “instant transfer contract”) on each patent right listed in the separate sheet (hereinafter “instant patent”) with Defendant C on June 21, 2018, and completed the registration of cancellation of shares E with the receipt number.

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