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(영문) 청주지방법원충주지원 2019.03.14 2018가합5102
사해행위취소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 323,430,294 and KRW 320,383,519, respectively, from November 16, 2017 to November 1, 2018.

Reasons

1. Facts of recognition;

A. On August 28, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the Defendant Co., Ltd. obtained a loan equivalent to KRW 430,00,00 from a corporate bank, with the term of guarantee equivalent to KRW 430,00,000 (hereinafter “Defendant Co., Ltd.”) on August 27, 2015; the guarantee rate of KRW 85,000; and the guaranteed amount of KRW 365,60,000; and the Defendant B, the representative director of the Defendant Company, at the time,

The main content of the above credit guarantee agreement is that if the Plaintiff pays the guaranteed debt on behalf of the Defendant Company, the Defendant Company shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of repayment to the date of full payment, and shall also pay the guarantee fee, fine for negligence, penalty, damages, substitute payment, etc. arising from the credit guarantee agreement.

B. Defendant Company submitted a credit guarantee form under the instant credit guarantee agreement and received a small and medium enterprise loan (hereinafter “instant loan”) from an enterprise bank.

C. The instant credit guarantee agreement was modified once around August 21, 2015 on the same date as the guaranteed amount of KRW 348,500,000, and the term of guarantee was August 26, 2016, and the term of guarantee was changed again on August 26, 2016.

While the Defendant Company experienced business difficulties, on August 23, 2017, caused a credit guarantee accident (hereinafter “instant credit guarantee accident”), and the Plaintiff subrogated for the principal and interest of the instant loan KRW 320,383,519 on November 16, 2017 at the request of a corporate bank.

E. Meanwhile, payment by subrogation arising under the instant credit guarantee agreement is KRW 1,704,335, and penalty for attempted penalty is KRW 1,342,440, and the interest rate for delay determined by the Plaintiff is 10% per annum from the date of subrogation.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 (including serial number) and the purport of the whole pleadings

2. The assertion and judgment

(a)the cause of the action;

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