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(영문) 서울중앙지방법원 2016.06.02 2015가합519742 (1)
구상금 및 사해행위 취소의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 503,698,870 and KRW 502,300,790 among them.

Reasons

1. Basic facts

A. On November 16, 2012, the Plaintiff changed the name of the Defendant Company A (hereinafter “Defendant Company”) into ABB Bank at the time of ABB Bank, but was currently changed into ABB Bank.

As to receiving a loan from the Plaintiff, the Plaintiff entered into a credit guarantee agreement with the terms of credit guarantee (hereinafter “the instant credit guarantee agreement”) as follows, and issued a credit guarantee certificate with the above contents on the same day, and issued it to the Defendant Company.

The term of guarantee under the existing credit guarantee term for the guaranteed amount of loan guaranteed by the name of the principal creditor was November 15, 2013, but the term of guarantee was changed on October 22, 2013 to November 14, 2014.

On November 16, 2012, 250,000,000 225,000,000,000 for corporate purchase financing loans on November 14, 2014, 16, 2E Bank No. 300,000,000 for corporate purchase financing loans on November 16, 2012; 2E Bank No. 300,000,000,000 for small and medium enterprise financing loans on November 14, 2014

B. Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.

C. According to the credit guarantee agreement of this case, when the plaintiff fulfilled a credit guarantee obligation, the defendant company and the defendant B agreed that ① the amount of the plaintiff's performance of the guaranteed obligation and damages for delay calculated at the rate determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, ② the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ③ the payment of penalty by the rate prescribed by the plaintiff from the date following the expiration of the guarantee term

The Plaintiff’s repayment rate of damages for delay is 12% per annum as of February 13, 2015, and the penalty rate is 2.1% per annum.

Around November 16, 2012, Defendant Company secured the credit guarantee letter of this case.

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