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(영문) 서울중앙지방법원 2016.04.22 2015가합524843
사해행위취소
Text

1. 1. A.

Defendant A shall pay 722,951,532 won and 720,469,844 won among them, from November 27, 2014 to April 17, 2015.

Reasons

1. Facts of recognition;

(a) a credit guarantee agreement and joint and several sureties agreement; 1) A, a bankrupt corporation (trade name before the modification: I; hereinafter “foreign company”);

) The National Bank Co., Ltd. (hereinafter referred to as “National Bank”) is called “National Bank”;

(2) The Plaintiff, on April 21, 2009, borrowed a loan of KRW 1 billion from the Nonparty Company. A credit guarantee agreement between the Plaintiff and the Nonparty Company providing the principal of the guarantee amount of KRW 950 million (which shall be changed to KRW 720 million thereafter) (hereinafter “the credit guarantee agreement of this case”) refers to the credit guarantee agreement of this case.

A) Upon entering into the instant credit guarantee agreement, Defendant A (Representative Director of the Foreign Company) and G jointly and severally guaranteed all obligations under the instant credit guarantee agreement against the Plaintiff at the time of entering into the instant credit guarantee agreement with respect to the non-party company’s national bank.

(2) At the time of the conclusion of the instant credit guarantee agreement, Nonparty Company paid ① the amount of performance of the guaranteed obligation subrogated to the Plaintiff when the Plaintiff performed the guaranteed obligation, ② the amount calculated by multiplying the amount of performance of the guaranteed obligation by the interest rate set by the Plaintiff from the date of performance of the guaranteed obligation to the date of full payment, ③ the expenses incurred by the Plaintiff in the execution, preservation, exercise, and

3) From August 24, 2014, the non-party company did not pay interest, and on October 6, 2014, the interest accrued therefrom was lost due to the disposition of suspension of transaction, and did not pay the principal and interest of the loan to the National Bank. On November 27, 2014, the Plaintiff repaid the principal and interest of the loan to the National Bank in subrogation of the non-party company. On the same day, the Plaintiff recovered KRW 7,400,840 out of this date from the non-party company. In addition, the Plaintiff spent KRW 2,479,255 to the legal procedure cost to secure the claim for indemnity against the non-party company. 4) The Plaintiff’s interest rate for delay payment determined by the Plaintiff is 12% per annum from December 1, 2012 to the date the argument of this case is concluded.

B. Real estate between Defendant B and Defendant A and G.

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