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(영문) 창원지방법원 2020.05.14 2019가합56602
구상금 및 사해행위취소
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff Credit Guarantee Fund KRW 530,639,217 and KRW 530,639,087 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff Credit Guarantee Fund’s claim for reimbursement 1) The Plaintiff’s credit guarantee fund provides, “The first, second, and third credit guarantee agreements” in the order of each credit guarantee agreement (hereinafter referred to as “the table”) with respect to the Defendant Company’s obligation for loans to be borne by the Defendant Company to a financial institution between the Defendant Company and the financial institution, and collectively “each of the instant credit guarantee agreements”

Upon entering into a credit guarantee agreement with the defendant company, the representative director of the defendant company has jointly and severally guaranteed the liability for indemnity under each of the above credit guarantee agreements with the plaintiff Credit Guarantee Fund of the defendant company. The representative director of the defendant company secured the loan from the defendant company as collateral for the above credit guarantee loan of 150,000,000 loans of 150,000,000 corporate ordinary loan of 150,000,000,000 on March 5, 2018, the loan of 135,000,000 corporate ordinary loan of 90% on March 2, 2018, 200,000 G 150,000,0000 G 20, 250, 250, 250, 2000, 200, 100, 19, 205, 100, 205, 200.

Accordingly, on September 28, 2017, pursuant to each credit guarantee agreement of this case, the Plaintiff paid a total of KRW 531,113,72 to H Co., Ltd. (i.e., KRW 150,638,835 based on the credit guarantee agreement of KRW 135,834,706 based on the credit guarantee agreement of KRW 244,640,181) by subrogation.

3) On September 28, 2017, the Plaintiff’s Credit Guarantee Fund recovered the principal amount of KRW 474,635 in relation to the credit guarantee agreement as of September 28, 2017, and then appropriated it for the payment of part of the principal (=531,113,722 - 474,635 won) and then incurred 130 won in final damages for recovered money (474,635 won). Meanwhile, the rate of damages for delay under the credit guarantee agreement of this case is 10% per annum from September 28, 2017, which is the date of the payment of the principal to the date of payment.

(b) the real estate listed in the annex;

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