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(영문) 서울중앙지방법원 2018.01.26 2017가단5115449
구상금 및 사해행위 취소의 소
Text

1. The Defendant’s annual interest in KRW 36,569,972 and KRW 36,336,953 among the Plaintiff, from July 20, 2016 to July 8, 2017.

Reasons

1. Facts of recognition;

A. On May 15, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant on May 15, 2015 (the period of guarantee of KRW 45,00,000,000 for the guaranteed amount of KRW 36,550,000, and the period of guarantee respectively changed on May 12, 2017), and issued a credit guarantee agreement with the other party to the guarantee. The Defendant obtained a loan of KRW 50,00,000 from the Korean bank as security.

B. The content of the guarantee fee and the scope of repayment under the above credit guarantee agreement between the Plaintiff and the Defendant is as follows. The interest rate for delay from July 20, 2016, which the Plaintiff subrogated on behalf of the Plaintiff, is 10% per annum.

Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal fails to discharge the principal obligation within the period of discharge of the principal obligation, he/she shall be paid a penalty calculated by multiplying the amount of performance bond of the guaranteed obligation by the rate calculated by adding 0.5% per annum to the rate of guarantee fee.

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new report from the payment date of each expense to the repayment date.

7. "Rate determined by the plaintiff" in paragraphs (1) and (2) means the rate determined by the new credit in consideration of the overdue loan interest rate of financial institutions within the extent prescribed by Acts and subordinate statutes, and if the rate and calculation method are modified, it shall be followed from the date of modification.

C. On July 7, 2016, the Defendant is not guilty of a guarantee due to bankruptcy.

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