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(영문) 서울중앙지방법원 2014.02.20 2012가합528516
구상금, 사해행위취소
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff regarding KRW 2,861,341,816 and KRW 2,845,706,542 among them.

Reasons

1. Basic facts

A. On January 29, 2009, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the Industrial Bank of Korea, and received the loan from the Industrial Bank of Korea; ① up to January 29, 2010 (up to June 29, 2012, the term of guarantee was changed to KRW 1.35 million until June 29, 2012; ② up to the period of guarantee; ② up to the period of guarantee; ② up to January 29, 2010 (up to June 29, 2012, the period of guarantee was changed to KRW 950 million; ③ the amount of guarantee was changed to KRW 615 million; and each of the credit guarantee agreements was issued by each of the above credit guarantee agreements (up to the date each of the above credit guarantee agreements was issued by the Industrial Bank of Korea; 3.500,000,000 won; 250,000,000 won).

B. In the event that the Plaintiff fulfills the guaranteed obligation, Defendant A agreed to pay the Plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the enforcement or preservation of the Plaintiff’s rights. Defendant B jointly and severally guaranteed all the obligations that

On the other hand, the rate of damages for delay determined by the Plaintiff is 14% per annum from April 17, 2003 to three months after the repayment of the guaranteed obligation, and 16% per annum from the following day.

C. On April 6, 2012, Defendant A caused a credit guarantee accident that has lost the benefit due to delay of principal. On May 14, 2012, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 2,854,310,052 pursuant to each credit guarantee agreement of this case by subrogationing Defendant A.

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