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(영문) 서울중앙지방법원 2016.11.25 2015가합539630
사해행위취소
Text

1.(a)

On May 2013, 2013, Defendant B and Nonparty D share 138/7 of the real estate listed in attached Table 1 list.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against Nonparty D (1) on August 28, 2007, the Plaintiff is Nonparty E Co., Ltd. (Representative D; hereinafter “E”).

Between the two parties, the credit guarantee agreement was concluded between the amount guaranteed by 510,000,000 won, and the guarantee term by the end of August 27, 2008 with a view to guaranteeing the E’s obligation of loans, and E was based on the above credit guarantee agreement, F Co., Ltd. (hereinafter “F Bank”).

(2) On November 26, 2007, the Plaintiff entered into a credit guarantee agreement with E as of November 25, 2008 with the coverage amount of KRW 340,000,000, and the warranty period of KRW 350,000,000, and the guarantee period of KRW 340,000,000, and KRW 400,000,000,000. The E was financed by F Bank based on the said credit guarantee agreement, and D was jointly and severally guaranteed the obligation owed by E to the Plaintiff under the said credit guarantee agreement.

[This case's joint and several guarantee agreement in addition to the joint and several guarantee agreement under the above paragraph (1)

[3] Meanwhile, according to each credit guarantee agreement under the above paragraphs (1) and (2) (hereinafter “each credit guarantee agreement of this case”) the term of guarantee extended until November 22, 2013. According to each credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, E as a contractor and D as a joint guarantor shall pay to the Plaintiff the amount subrogated by the Plaintiff, and damages for delay at the rate of 12% per annum as determined by the Plaintiff from the date of subrogation to the date of full payment, and damages for delay at the rate of 12% per annum as determined by the Plaintiff from the date of full payment.

4) On October 2, 2013, E caused a guarantee accident due to the due diligence. The Plaintiff, according to each of the credit guarantee agreements in this case, subrogated to FF Bank for KRW 688,184,413 on December 9, 2013, and paid KRW 6,140,065 and penalty KRW 530,380 for the legal procedure costs for the preservation of claims. 5) Since then, the Plaintiff made each of the credit guarantee agreements against E and D.

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