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(영문) 인천지방법원 2019.07.03 2018가단222050
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 48,581,874 and KRW 47,88,375 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on April 6, 2018.

Reasons

1. Facts of recognition;

A. (1) On June 21, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant Company A (hereinafter “Defendant Company”) by setting the guarantee amount of KRW 50 million and the guarantee period as of June 18, 2021 with respect to the obligation to be borne by the Defendant Company’s loan from the E Bank. Defendant B, the representative director of the Defendant Company, has jointly and severally guaranteed the obligation to be borne by the Plaintiff pursuant to the said credit guarantee agreement.

According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation, the defendant company is obligated to pay to the plaintiff the amount of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the guaranteed obligation by the interest rate set by the plaintiff from the date of the performance of the guaranteed obligation to the date of repayment

The interest rate determined by the Plaintiff as to the amount of performance of the foregoing guaranteed obligation shall be 12% per annum from September 30, 2013 to the date of the closing of the argument in this case.

(2) On June 21, 2016, Defendant Company received a loan of KRW 50 million from E Bank as security the credit guarantee agreement of this case.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation company lost the benefit of the time limit for the loan on September 14, 2017, and E Bank requested the Plaintiff to discharge the guaranteed obligation on December 19, 2017.

Accordingly, on February 21, 2018, the Plaintiff subrogated 48,573,820 won to E Bank, and recovered 685,445 won among them.

Meanwhile, damages for delay incurred from February 21, 2018 to April 5, 2018 on the amount of subrogated payment is KRW 693,49.

C. (1) On April 21, 2017, Defendant B and Defendant C are “the right to collateral security (hereinafter “instant real estate”) with regard to the real estate indicated in the attachment (hereinafter “instant real estate”) owned by themselves with Defendant C, the debtor company, and the maximum debt amount, which is KRW 100 million.”

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