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(영문) 서울중앙지방법원 2019.02.14 2018가합520194
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 253,338,343 and KRW 253,338,027 among them.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1-1, 2, 3, and 2-7, taking into account the whole purport of the pleadings:

On October 24, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with respect to the obligation to receive a loan from Nonparty A Co., Ltd. (hereinafter “D”), with the credit guarantee principal of the credit guarantee principal, and the credit guarantee agreement between October 24, 2014 and October 23, 2015. Defendant B jointly and severally guaranteed the obligation to be borne by the Plaintiff under the said credit guarantee agreement.

Since then, the guarantee period was extended after the extension of the guarantee period, and on October 20, 2017, the guarantee period was changed to 280,500,000 won until October 19, 2018, and the guarantee amount was changed to 280,50,000 won.

(2) On the other hand, when the above credit guarantee agreement was concluded, the above Defendants agreed to pay the Plaintiff the amount of subrogated payment, which is the amount of loss at the interest rate determined by the Plaintiff from the date of the subrogation to the date of full payment of the amount of subrogated payment, the penalty, the execution and preservation of the bond, the exercise of the bond, and the amount of subrogated payment, which is the expenses required for legal procedure, if the Plaintiff subrogated the payment of the obligation of the Defendant A pursuant to the above credit guarantee agreement.

(3) Defendant A borrowed KRW 350 million from D as a general corporate fund as a security under the said credit guarantee agreement, but on January 15, 2018, the occurrence of a guarantee accident on the ground of national tax delinquency and other financial institutions in arrears. The Plaintiff subrogated for KRW 254,825,381, including interest, to D on March 22, 2018.

At present, the Plaintiff.

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