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(영문) 서울중앙지방법원 2016.06.24 2015가합574312
구상금, 사해행위 소
Text

1. As to KRW 180,227,842 and KRW 178,578,095 among the Plaintiff, Defendant A shall be from November 18, 2015 to December 9, 2015.

Reasons

Basic Facts

In obtaining a loan from the Industrial Bank of Korea, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “each of the instant credit guarantee agreements”) as listed below, and issued a credit guarantee agreement to the said bank on the same day, and received a loan from the said bank as security.

On September 27, 2010, 200 won (the final change to KRW 99,450,000) 127,50,000 won (the final change to KRW 99,450,000) on September 16, 2009 (the final change to September 11, 2015) on September 17, 2008 (the final change to September 28, 2015) on the date the credit guarantee period was extended to the payment date of the guaranteed amount, the guaranteed amount was changed to KRW 150,00,000 (the final change to KRW 76,50,000) on August 27, 2010 (the final change to the guaranteed amount as of August 21, 2015). According to each of the credit guarantee agreements in this case, the Plaintiff paid damages for delay from the payment date of the guaranteed amount to the repayment date of the guaranteed amount and damages for delay to the Plaintiff.

From December 1, 2012, the rate of delay damages determined by the Plaintiff is 12% per annum.

On August 22, 2015, Defendant A, due to the delay of principal, lost the benefit of each of the loans to the Industrial Bank of Korea and caused a guarantee accident. Under each of the credit guarantee agreements in the instant case, the Plaintiff repaid the Industrial Bank of Korea on November 18, 2015, KRW 100,846,433, and KRW 77,731,662 in relation to the primary guarantee, and KRW 178,578,095 in total, with regard to the secondary guarantee, and KRW 989,177 in substitute payment, KRW 660,570 in total.

annex 1.

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