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(영문) 서울중앙지방법원 2014.12.17 2014가단5188705
사해행위취소
Text

1. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 46,187,450 and KRW 45,52,350 among them, respectively.

Reasons

1. Facts of recognition;

A. (i) On August 6, 2013, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.) (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) (the principal of the guaranteed principal amount of KRW 45 million), and issued an export credit guarantee agreement with Korea Co., Ltd. on April 14, 2013, 2013, i.e., the repayment method and revolving guarantee, the target debt trade financing, and the guarantee period from April 14, 2013 to August 13, 2014).

According to the above credit guarantee agreement, if the defendant company did not repay the loan, which is the principal debt of the plaintiff's guarantee, within the period (including loss of the benefit of time) due for the payment of the loan from the non-party bank (hereinafter "non-party bank"), and the plaintiff claims the repayment of the guaranteed debt from the non-party bank (the creditor), the defendant company and the defendant B jointly pay to the plaintiff ① the subrogation payment made by the plaintiff for the performance, the amount of the subrogation payment made by the plaintiff for the performance, the damages for delay by the plaintiff's due rate from the day following the date of the performance of the guaranteed obligation, and ② all incidental obligations such as legal procedure expenses paid by the plaintiff for the performance

B. On August 19, 2013, the Defendant Company (hereinafter “Defendant Company”) extended a loan of KRW 50,000,000 to Nonparty Bank on August 13, 2014 by setting the due date for payment of KRW 50,00,00 from Nonparty Bank as a security, but the business was closed on February 26, 2014 due to the decline in the export of the foreign trading office.

On March 18, 2014, the Plaintiff received notice from the Non-Party Bank that “the Defendant Company borrowed the credit guarantee instrument as collateral and lost the benefit of time” and subrogated to the Non-Party Bank for the principal amounting to KRW 45,522,350 on May 8, 2014 (=the principal amount of KRW 45 million, KRW 522,357, KRW 500,000, KRW 522,357, KRW 10).

x. The plaintiff's prescribed damages for delay as stated in the credit guarantee agreement.

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