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(영문) 서울중앙지방법원 2016.04.27 2015가단5325082
사해행위취소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 108,258,495 and KRW 107,603,945 among them, respectively.

Reasons

1. Basic facts

A. (1) The Plaintiff concluded a credit guarantee agreement with the Defendant Company A (hereinafter referred to as the “Defendant Company”) in accordance with the credit guarantee request and issued a credit guarantee agreement with the Defendant Company, and provided a credit guarantee under the Credit Guarantee Fund Act for the principal and interest of the Defendant Company upon receiving a loan from the Industrial Bank of Korea, within the scope of the following credit guarantee.

On September 26, 2012, the term of guarantee principal guaranteed on the date of credit guarantee: D 170,000,000 won: 85% on September 25, 2017, the Defendant Company received a loan from the Industrial Bank of Korea by submitting the credit guarantee certificate to the lending bank.

(3) In the event that the Plaintiff performed the guaranteed obligation to the lending bank in accordance with the instant credit guarantee agreement, the Plaintiff and the Defendant Company agreed to pay the Plaintiff the amount of the guaranteed obligation to be repaid, ① the amount of the Defendant Company’s performance of the guaranteed obligation and ② the amount calculated by the rate set by the Plaintiff (12%) from the date of the performance of the guaranteed obligation to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the guaranteed obligation, ⑤ the unpaid guarantee fee, delayed guarantee fee, penalty, ④ the damages for delay calculated

B. The occurrence of a guarantee accident and the Plaintiff’s right to indemnity arising from the performance of the guaranteed obligation (1) Defendant Company caused a guarantee accident where the repayment of the loan to the lending bank was overdue on or around June 30, 2015.

(2) On September 18, 2015, the Plaintiff subrogated for KRW 107,603,945 to the Industrial Bank of Korea.

(3) Meanwhile, the amount that the Plaintiff was not paid as a legal procedural cost for the preservation of the claim for reimbursement is KRW 654,550.

C. The Defendant B’s act of disposing of property against Defendant C.

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