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(영문) 서울중앙지방법원 2021.03.11 2020가단5186106
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 29,138,973 as well as KRW 28,889,389 as to the Plaintiff. From April 24, 2020 to July 31, 2020.

Reasons

1. The guarantee rate of KRW D 27,00,00 on February 25, 2016, the principal guarantee rate of KRW 1,30,000 on the date of guarantee for the obligee’s credit guarantee: 90% on February 25, 2020: F30,000 on June 29, 2018; 100% on June 29, 2018; the Plaintiff entered into a credit guarantee agreement with Defendant A as follows (hereinafter “each credit guarantee agreement of this case”). According to each credit guarantee agreement of this case, upon the Plaintiff’s performance of the guarantee obligation, the Defendant A paid to the Plaintiff for the repayment of the guarantee obligation, and damages as determined by the Plaintiff from the subrogation to the repayment date; and

B. Defendant A received a loan through each credit transaction agreement from C and E through a credit guarantee under each of the instant credit guarantee agreements. On September 30, 2019, there was an accident of credit guarantee (hereinafter “credit guarantee accident in this case”) due to such reasons as failure to pay the loan principal to each of the above banks (hereinafter “credit guarantee accident”).

(c)

On April 24, 2020, the Plaintiff paid the subrogated repayment to each of the above banks on April 24, 2020 under the respective credit guarantee agreements of this case, and thereafter, collected some of the money, and the subrogated repayment balance for each of the subrogated repayment is as follows.

C. 2,279,621 won 2,184,861 won on April 24, 2020, 29,348,939 won on April 24, 2020, 29,348,939 won on April 24, 2020, 27,069, 318 won on April 26, 318, 528 won on the subrogated repayment by subrogation.

D. On the other hand, according to each credit guarantee agreement of this case, the amount of final damages borne by Defendant A to the Plaintiff is KRW 124.

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