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(영문) 청주지방법원 2019.05.08 2017가합202484
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 915,125,829 and KRW 909,114,903 among them.

Reasons

Facts of recognition

On June 5, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a credit guarantee principal of KRW 1 billion, the period of credit guarantee from June 5, 2015 to June 3, 2016, and the creditor as D Bank (hereinafter “E Association”), and the Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed this agreement.

(hereinafter “instant credit guarantee”). According to the instant credit guarantee agreement, when the Plaintiff fulfills the guaranteed obligation, Defendant B, a joint guarantor, must reimburse the amount of the performance of the guaranteed obligation, the amount of damages incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, delay guarantee fee, penalty for breach of contract, subrogated fee, etc.

Defendant Company received a loan of KRW 1.25 billion from E Union on June 8, 2015 under the instant credit guarantee.

(hereinafter “instant loan”). After doing so, the Defendant Company paid part of the loan principal, and the balance of the instant loan was KRW 1125 million.

On May 26, 2016, the Plaintiff and E Union changed the credit guarantee amount of this case to KRW 900 million and the credit guarantee period to June 2, 2017.

The Defendant Company suffered difficulties due to business deterioration, and paid the interest of the instant loan on April 2, 2017, and began to delay from May 2, 2017.

On May 17, 2017, the E Union notified the Plaintiff of a credit guarantee accident on the grounds of the natural body of the Defendant Company, and requested the Plaintiff to discharge the guaranteed obligation on June 19, 2017.

On July 26, 2017, the Plaintiff: (a) KRW 909,114,903 [the amount of a credit guarantee to KRW 900 million overdue interest of KRW 9,114,903 (the amount shall be calculated by 3.24% per annum from April 3, 2017 to July 22, 2017) for the performance of the credit guarantee obligations in this case to E Union as of July 26, 2017; (b) KRW 8,867,835, Jul. 23, 2017 to July 23, 2017.

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