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(영문) 서울서부지방법원 2021.02.19 2020가단216502
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, upon the request of D Co., Ltd. (hereinafter “Non-Party Company”), under the joint and several guarantee of B (former name C), entered into a credit guarantee agreement with respect to each obligation to be borne by the non-party company by obtaining a loan from E bank, according to the Credit Guarantee Fund Act, and issued a credit guarantee certificate as follows:

The first guarantee of the joint and several guarantors of the loan amount guaranteed on the date of loan guarantee as of June 18, 2009, 100,000,000 June 9, 2016, 23, 2016. 6. 124,950,000 on June 15, 2016, 200 for the second guarantee of general loan B of companies general loan loan of 10,000 on June 15, 2016. 147,00,000 on June 16, 2016.

B. E A bank secured each credit guarantee, and loaned each loan to the non-party company with the repayment deadline under each credit transaction agreement based on the terms and conditions of the bank transaction which was concluded between the non-party company and the date of each loan.

(c)

On November 22, 2016, Non-Party Company lost the benefit of each of the above loans due to the occurrence of a credit guarantee accident due to delinquency in interest.

Accordingly, the E Bank demanded the Plaintiff to pay the guaranteed debt, and the Plaintiff subrogated to pay the total amount of KRW 187,763,66,66 on March 24, 2017 due to each of the above guarantees.

(d)

The non-party company and B jointly and severally liable to the Plaintiff for a delayed payment of the amount of KRW 187,763,66 in total, KRW 984,750 in total, KRW 60 in total, and KRW 601,285 in total, and KRW 189,349,701 in total, and KRW 187,763,66 in total, which is the date of the subrogation repayment, from March 24, 2017 to March 31, 2019; and KRW 8% in a year from the following day to the date of full payment. The Plaintiff filed an application with the Seo-gu Seoul District Court for a compensation order with the indemnity claim against the Plaintiff on May 15, 2017.

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