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(영문) 서울중앙지방법원 2019.05.10 2017가합581376
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 871,119,349 and KRW 869,479,747 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on November 3, 2017.

Reasons

1. Basic facts

A. On April 30, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the term “Defendant Co., Ltd.” as of April 30, 201, covering KRW 176,310,00, and the term of guarantee as of April 29, 2021 (hereinafter “the instant credit guarantee agreement”). Defendant B, the representative director of the Defendant Co., Ltd, was jointly and severally guaranteed all the Defendant Co., Ltd.’s obligations owed to the Plaintiff pursuant to the instant credit guarantee agreement.

B. According to the instant credit guarantee agreement, where the Plaintiff performs the guaranteed obligation, the Defendant Company and the joint guarantor shall pay the Plaintiff the amount subrogated to the Plaintiff, and the amount of damages according to the loss ratio determined by the Plaintiff from the date of subrogation to the date of full payment, including the expenses incurred in the execution, preservation and exercise of the claim, and the legal procedures therefor.

C. The Defendant Company received a loan from the Industrial Bank of Korea under the instant credit guarantee agreement, but, on August 1, 2017, caused a guarantee accident on the ground of delinquency in principal. Upon the request of the Industrial Bank of Korea, the Plaintiff subrogated KRW 87,483,507 on November 3, 2017.

The costs of the legal procedure that the plaintiff paid on behalf of the plaintiff are KRW 1,637,410, and the contractual damages rate after February 1, 2016 is 10% per annum.

The Plaintiff recovered KRW 8,003,760 out of the subrogated amount, and the final damages for the recovered amount are KRW 2,192 [=8,003,760 x 10% of the agreed damages rate x 10% of the agreed damages rate / 365].

E. On July 5, 2017, Defendant B entered into a contract with Defendant C to sell the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”) to KRW 370 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer on the same day. ② On July 3, 2017, Defendant D and the attached Table No. 2 (hereinafter “instant Real Estate No. 2”), and the real estate No. 1 and the instant real estate No. 2. 2.

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