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(영문) 서울중앙지방법원 2016.12.23 2016가단5112306
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 45,707,593 and KRW 45,707,586 among them, respectively.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on July 9, 2014, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) Between the two, the amount guaranteed shall be KRW 50,00,000, and the term of guarantee shall be determined as of July 8, 2019 and a credit guarantee agreement (hereinafter “instant credit guarantee agreement”).

The Defendant Company entered into a credit guarantee agreement and issued a credit guarantee agreement to the Defendant Company. The Defendant Company submitted the said credit guarantee agreement to the Industrial Bank of Korea and received a loan of KRW 50,000,000 (hereinafter “instant loan”).

2) At the time of the conclusion of the instant credit guarantee agreement, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.

3) According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the principal and the joint guarantor are to reimburse the Plaintiff for the amount of the performance of the guaranteed obligation, damages in accordance with the interest rate set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and penalty, etc. The Plaintiff’s interest rate for delay is 12% per annum until January 31, 2016 and 10% per annum thereafter. (B) Defendant Company suspended its business on January 22, 2016, and on April 25, 2016, the occurrence of a credit guarantee accident in which the interest on the instant loan was overdue, and the Plaintiff subrogated for the Industrial Bank of Korea at the Industrial Bank of Korea on April 28, 2016.

2) On April 28, 2016, the Plaintiff recovered KRW 27,140 out of the amount subrogated by the Plaintiff, and the amount of finalized damages incurred as to the amount recovered is KRW 7 won (i.e., KRW 27,140 x 10 x 1/365 x less than KRW). C. Defendant B’s property disposal act (i) on December 7, 2015, Defendant B did not exceed 794/10 of the amount of 9971 square meters (hereinafter “instant real property”).

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