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(영문) 서울중앙지방법원 2017.11.10 2016가단5297177
사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 164,036,266 and KRW 162,632,862 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) upon the request of the Defendant Company’s credit guarantee, and issued the Defendant Company a letter of credit guarantee with the following contents, and provided a credit guarantee for the principal and interest obligation to be borne by the Defendant Company by obtaining a loan from the Korean Bank Co., Ltd. (hereinafter “Korea Bank”).

The term of guarantee principal guaranteed on the date of credit guarantee: D 180,000,000 won on April 29, 2013: 90% on April 29, 2014 (Extension by April 28, 2017)

B. According to the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the obligor under the above guarantee agreement provides that ① the Plaintiff shall pay the amount paid by the Plaintiff for the performance of the guaranteed obligation, and damages for delay at the rate determined 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 performance of the guaranteed obligation; ④ the expenses paid

C. Defendant B and C jointly and severally guaranteed all obligations under the above credit guarantee agreement against the Plaintiff of the Defendant Company.

On June 30, 2016, the Defendant Company lost the benefit of the term of the above loan, but did not pay the above principal and interest of the loan. Accordingly, on August 12, 2016, the Plaintiff performed the guaranteed obligation by paying the amount of KRW 163,64,482 by subrogation to the Bank. The Plaintiff recovered KRW 1,031,620 as indicated below, and the amount of subrogation is KRW 162,632,862, and the amount of the recovered amount is KRW 339,00,000 from the date of subrogation to the date of recovery.

Amount of recovery (%) determined loss (%) on the rate for the number of days subject to collection (%) for the period subject to collection (%) 2016-08-12 1,031,620 2016-08-12 2016-08-12 12 339

E. Of the legal procedure costs incurred by the Plaintiff to preserve the above claim for reimbursement, the outstanding amount is KRW 1,403,065.

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