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(영문) 서울중앙지방법원 2015.06.10 2014가합572098
구상금 및 사해행위 취소의 소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 128,231,188 and KRW 126,908,143 among them.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement of this case 1) concluded a credit guarantee agreement with Defendant A, B, and C as a juristic person established pursuant to the Credit Guarantee Fund Act to guarantee the company’s debt and facilitate the financing of the company. Around January 7, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”) on the following terms (hereinafter “the instant credit guarantee agreement”).

The credit guarantee principal of the credit guarantee agreement of this case: The credit guarantee period of KRW 236,00,000: January 7, 2013 to January 6, 2014: the creditor: Article 2 (credit guarantee method) of the Industrial Bank of Korea Act (credit guarantee method) ① The plaintiff may provide credit guarantee through the issuance of a credit guarantee certificate, bill guarantee, bond guarantee, and other methods in accordance with the principal obligation of the defendant A.

Article 3 (Payment of Guarantee Fees, etc.) (3) In the event that Defendant A fails to discharge the principal obligation within the deadline for the discharge of the principal obligation, the amount of penalty calculated by multiplying the amount of guaranteed obligation which has not been performed by the rate of 0.5% per annum from among the guaranteed obligations by the rate shall be paid.

Article 9 (Performance and Notice of Guaranteed Obligations) (1) When a plaintiff receives a claim from a creditor to discharge a guaranteed obligation, the plaintiff shall discharge the guaranteed obligation in accordance with Acts and subordinate statutes and a credit guarantee contract with the creditor.

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the defendant A and the joint and several sureties shall immediately refund the amount corresponding to the following subparagraphs:

(Sicker omitted)

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. The Plaintiff shall determine the amount paid under subparagraphs 3 and 4 from the date of payment to the date of repayment of each expense.

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