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(영문) 서울중앙지방법원 2020.07.15 2019가합517393
사해행위취소
Text

1. Defendant A and B jointly and severally liable for KRW 23,556,070 to the Plaintiff and KRW 23,152,566 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and subrogation for Defendant A Co., Ltd. (1) on September 25, 2013, the name of Defendant A Co., Ltd. was “C” at the time of entering into the said credit guarantee agreement, but was changed to the trade name as of February 27, 2018 (hereinafter “Defendant Company”).

B) Between the Plaintiff and the Defendant’s principal obligation (principal of a credit guarantee: KRW 180 million; and the term of credit guarantee: September 26, 2018), a credit guarantee agreement providing credit guarantee (hereinafter “the instant credit guarantee agreement”) between the Plaintiff and the Plaintiff.

(B) The Defendant Company entered into a credit guarantee agreement and issued a credit guarantee agreement to the Defendant Company, and Defendant B entered into a joint and several guarantee agreement for the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the agreement.

Of them, the portion relating to the indemnity obligation of the Defendant Company and the joint and several liability obligation of the Defendant B is as follows. Article 4 (Obligation to Fulfill Principal Obligations) The Defendant Company will pay the principal and subordinate obligation guaranteed by the Plaintiff in full by the due date and make it impossible for the Plaintiff to perform the guaranteed obligation. Article 5 (Prior Indemnity) (1) If any of the following events occurs to the Defendant Company, the Plaintiff may demand a prior reimbursement without prior notice or demand, and in this case, the Defendant Company and the joint and several sureties shall bear the obligation to repay in advance without objection.

2. When there is a decision on seizure, provisional seizure, provisional disposition, or request for auction (not to subparagraphs 3 through 10 omitted), and when it is objectively confirmed that the credit situation has significantly deteriorated other than those as referred to in the subparagraphs of the preceding 11. (1) When the plaintiff has discharged the guaranteed obligation, the defendant company and the joint guarantor shall pay the amount falling under the following subparagraphs immediately:

Provided, That the joint and several sureties falling under Article 2 subparagraph 1 of the Special Act on the Protection of Guarantor shall be limited to the maximum amount of the guaranteed obligation.

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