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(영문) 서울중앙지방법원 2017.10.27 2017가합509343
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 716,770,653 to the Plaintiff and KRW 261,090,301 among them, May 2016.

Reasons

1. Basic facts

A. On November 16, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “the first credit guarantee agreement”) and issued a guarantee certificate with the guarantee number G, the guarantee number G, the guarantee amount of KRW 495,00,000 (which shall be changed to KRW 467,50,000) and the guarantee period on November 15, 2013 (which shall be extended to November 11, 2016) (hereinafter “the second credit guarantee agreement”), and issued the guarantee certificate with the guarantee number H, the guarantee amount of KRW 495,00,000,000, and the guarantee period on May 23, 2018.

Defendant B jointly and severally guaranteed the obligation of indemnity against the Plaintiff of the Defendant Company according to each credit guarantee agreement of this case.

B. Defendant Company submitted each of the above guarantees and received each of the loans from the National Bank, the Nonghyup Bank, and the Nonghyup Bank Co., Ltd. (hereinafter “Co., Ltd.”), and delayed payment of interest from March 16, 2016 to the National Bank, and from March 23, 2016 to the Nonghyup Bank.

On May 27, 2016, the Plaintiff repaid KRW 269,648,911 to the Nonghyup Bank, and KRW 450,998,511 to the National Bank on June 30, 2016.

The plaintiff recovered KRW 8,558,610 and appropriated it for the claim of subrogation against the Nonghyup Bank.

C. According to each credit guarantee agreement of this case, in the event that the Plaintiff paid the amount by subrogation of the Defendant Company, the Defendant Company paid the amount subrogated to the Plaintiff, damages, expenses, penalty, subrogation fees, etc. after the date of the repayment.

Accordingly, the plaintiff's claim for indemnity against the defendant company is KRW 716,770,653 [=2,088,812 won in the balance of the amount of subrogation (=269,648,91 won in 450,98,511 won - 8,558,610 won in the legal procedure cost - 4,679,497 loss claim 2,344]. The agreed damages rate for the amount of subrogation is 10% per annum from February 1, 2016.

1. Defendant B shall on November 2015.

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