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(영문) 서울중앙지방법원 2019.05.21 2018가단5151862
사해행위취소
Text

1. As to KRW 163,566,323 and KRW 161,347,891 among the Plaintiff, Defendant A shall be from May 7, 2018 to September 15, 2018.

Reasons

1. Basic facts

A. 1) On October 28, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A, and the credit guarantee agreement between October 26, 201 and October 28, 201 (hereinafter “the credit guarantee agreement”) refers to the amount guaranteed as KRW 180,000,000 and the term of guarantee as of October 26, 201.

Defendant A entered into a contract, and Defendant A provided a credit guarantee certificate issued by the Plaintiff as security, and C (hereinafter referred to as “C”).

(2) The instant credit guarantee agreement was loaned KRW 200,000,000 for business operation capital from the Plaintiff. (2) When the Plaintiff fulfilled the guaranteed obligation, Defendant A shall pay to the Plaintiff all incidental obligations, including the amount of performance of the guaranteed obligation, damages for delay, penalty, expenses incurred in the performance of the guaranteed obligation, expenses incurred in compensating for, transferring, and exercising the right, and the rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016.

3) The main text of Article 6(1) of the Credit Guarantee Agreement provides that “When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor will bear the obligation of advance repayment for the amount guaranteed by the Plaintiff even if there is no notification and peremptory notice from the Plaintiff.” Meanwhile, Article 6(1)4 of the Credit Guarantee Agreement provides that “In accordance with the Credit Information Management Rules of the D Federation, the information on payment by subrogation (including the above related information), the information on payment by subrogation in arrears, the information on the financial order, and the registration of public record information, has occurred.” (B) The occurrence of the credit guarantee accident and the subrogation payment by the Defendant A caused the credit guarantee accident by delinquency in paying the principal and interest of the loan, the Plaintiff subrogated the amount of KRW 161,347,891 to C on May 17, 2018.

2. Under the credit guarantee agreement of this case, the penalty to be paid by Defendant A to the Plaintiff is KRW 957,710, and the legal procedure expenses paid by the Plaintiff on behalf of the Plaintiff are KRW 1,260,72, and the Plaintiff is against Defendant A.

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