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(영문) 서울중앙지방법원 2014.11.27 2014가합524334
사해행위취소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 1,571,432,633 and KRW 1,571,432,33 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with Defendant A Co., Ltd. (hereinafter “Defendant A”, and with respect to the remainder of the Defendants, “stock company” in the name of each Defendant omitted), and Defendant A entered into each of the credit guarantee agreements as listed below, and issued a credit guarantee agreement to Defendant A in accordance with each of the above credit guarantee agreements. Defendant A received a loan equivalent to each of the above credit guarantee agreements from the Industrial Bank of Korea as security.

The term of guarantee (the term of final change) 198,750,000 won (the term of final change) of the guaranteed principal (the term of guarantee principal of March 27, 2008) (the term of final change) shall be 170,00,000 won on November 26, 2008 (the term of KRW 909,50,000) 170,000,000 won on October 15, 2016 ( October 16, 2014) 480,000,000 won on March 27, 2009 (the term of final change) (the term of guarantee principal of March 21, 2014)

B. When the Plaintiff performed the guaranteed obligation, Defendant A agreed to pay to the Plaintiff the amount of the guaranteed obligation and damages for delay 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. Defendant B jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff according to the respective credit guarantee agreements

On the other hand, the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012.

C. Upon the occurrence of a credit guarantee accident in which Defendant A lost the benefit of time on January 8, 2014, the Plaintiff subrogated to the Bank on March 26, 2014 for the total amount of KRW 1,572,261,878 (i.e., KRW 1,572,572,261,878 of the principal and interest of loans under each credit guarantee agreement of this case (i.e., KRW 924,040,786, KRW 169,13,140 of the credit guarantee agreement of KRW 169,00,087,952).

After that, on March 26, 2014, the Plaintiff recovered KRW 829,545 out of the subrogated amount under the credit guarantee agreement, and the Plaintiff incurred a final delay loss of KRW 300 with respect to the money recovered.

E. Meanwhile, Defendant A on September 11, 2013.

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