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(영문) 서울중앙지방법원 2017.05.16 2016가단5166457
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 44,809,862 and KRW 43,323,605 among them.

Reasons

1. Facts of recognition;

A. On May 22, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant A Co., Ltd. (hereinafter “CF”) with respect to the loan granted from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) as of the guaranteed principal amount of KRW 425 million (85%) and May 23, 2016. According to the above agreement, upon the Plaintiff’s performance of the guaranteed obligation, the Defendant A is obligated to pay the Plaintiff’s expenses incurred for the performance or preservation of the right by performing the guaranteed obligation, as well as the repayment amount paid by the Plaintiff and the rate determined by the Plaintiff from the payment date to the full payment date (12% per annum from June 1, 2015) from the date following the payment date of the guarantee fee for the unpaid amount of the guaranteed obligation to the date immediately preceding the expiration date of the guaranteed obligation, and Defendant B is jointly and severally liable for the obligation of the Plaintiff under the agreement.

B. around May 22, 2015, Defendant A provided a credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement as seen earlier and borrowed KRW 50 million from Nonghyup Bank. Around March 3, 2016, a credit guarantee accident which, upon being registered as a credit management information subject, lost the benefit of time under the said loan agreement was occurred. The Plaintiff repaid to Nonghyup Bank KRW 43,323,605 ( principal KRW 47,150,000) pursuant to the credit guarantee agreement as seen earlier on June 20, 2016. The additional guarantee fee is KRW 47,439,107,000,000, and the unpaid amount of the legal procedure expenses is KRW 1,439,107.

C. Meanwhile, on February 19, 2016, Defendant B entered into a mortgage contract (hereinafter “mortgage contract in this case”) with respect to each of the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) as Defendant Geumsung Steel Co., Ltd. (hereinafter “Defendant Geum Steel”) and Defendant B, and the same year.

2.2. The foregoing.

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