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(영문) 서울중앙지방법원 2016.10.11 2015가합547907
구상금 등 청구의 소
Text

1. Defendant A’s KRW 435,026,822 as well as 12% per annum from April 14, 2015 to December 5, 2015 to the Plaintiff.

Reasons

1. Judgment on the claim for indemnity (the preserved claim for revocation of fraudulent act)

A. The facts of recognition 1) Defendant A’s credit guarantee agreement between the Plaintiff and the Plaintiff regarding the guarantee principal of KRW 297,00,000 on June 8, 201 and the credit guarantee agreement between June 8, 201 and June 7, 2012 (hereinafter “credit guarantee agreement of this case”).

In addition, the credit guarantee agreement concluded between June 14, 2013 and June 13, 2014 (hereinafter referred to as the “credit guarantee agreement of this case”) with the guarantee principal of KRW 180,000,000, and the guarantee term of KRW 14,000 from June 14, 2013 to June 13, 2014

(2) Defendant A was issued a credit guarantee under the credit guarantee agreement of this case by the Plaintiff, and on June 8, 201, Defendant A borrowed KRW 330,000,000 from the National Bank with the said credit guarantee agreement as security.

After being issued a letter of credit guarantee under the credit guarantee agreement of this case, on June 14, 2013, a loan of KRW 200,000,000 was granted from a national bank with the said letter of credit guarantee as security.

3) The main contents of the Credit Guarantee Agreement Nos. 1 and 2 in the instant case are 12% per annum from December 1, 2012 to the date of full payment (the rate of delay damages) calculated by the rate determined by the Plaintiff from the amount subrogated by the Plaintiff to the Plaintiff when the Plaintiff performed the guaranteed obligation, and from the date of subrogated payment for that amount.

(4) While Defendant A was in arrears with interest from December 22, 2014, Defendant A claimed a credit guarantee accident in arrears with the principal of the loan on January 15, 2015, the National Bank filed a claim against the Plaintiff for the performance of the guaranteed obligation. The Plaintiff paid KRW 435,185,180 to the National Bank on April 14, 2015 (i.e., KRW 301,145,562 based on the credit guarantee agreement of this case, KRW 134,039,618 based on the credit guarantee agreement of this case).

5) On April 14, 2015, the Plaintiff recovered part of the subrogated amount from Defendant A to appropriate it to the principal. As a result, the remainder of the subrogated amount remains in KRW 435,026,770. 6) pursuant to the credit guarantee agreement in this case.

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