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(영문) 서울중앙지방법원 2018.01.25 2017가합561679
구상금 및 사해행위 취소의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 679,387,912 and KRW 674,153,202 among them.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement and carried out a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and issued a credit guarantee agreement on two occasions as listed below (hereinafter “First Guarantee Agreement,” and Defendant B jointly and severally guaranteed each of the above obligations against the Plaintiff by Defendant Co., Ltd.

On May 14, 2018, May 14, 2018, the amount of the first guarantee term loan of the original guarantee term (the original guarantee term) 604,000,000,000 corporate ordinary loan of 75,000,000,000 the second guarantee term of 28,000,000 on April 28, 2016, the Defendant Company decided to reimburse the Plaintiff for the amount of the guaranteed obligation and the delayed payment from the date the guaranteed obligation was discharged to the date the guaranteed obligation was discharged, the expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation, the unpaid guarantee fee, delayed guarantee fee, penalty, etc.

(Article 10). The agreed delay interest rate applicable from February 1, 2016 is 10% per annum.

Defendant Company received each of the above money from KEB Han Bank Co., Ltd. (hereinafter “IB”) using each credit guarantee instrument issued by the Plaintiff.

(2) In the event of a credit guarantee accident and the Plaintiff’s subrogation payment of the principal and interest of each of the instant loans, the occurrence of a credit guarantee accident on March 8, 2017, and the occurrence of a credit guarantee accident on March 8, 2017. The Plaintiff repaid the principal and interest of the instant loans to one bank on August 31, 2017 under the first and second guarantee agreement as follows.

The first guarantee: 461,272,267 won (i.e., principal amount of KRW 451,200,000) (i.e., interest of KRW 10,072,267): 212,880,935 won (i.e., principal amount of KRW 209,00,000). Meanwhile, penalty, guarantee fee, delayed guarantee fee, and substitute payment arising from the Plaintiff’s subrogation are as follows.

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