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(영문) 서울중앙지방법원 2015.11.05 2014가단5139888
사해행위취소
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed to KRW 73,509,943 and KRW 73,350,418 among them.

Reasons

1. Fact-finding;

A. On January 23, 2009, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a credit guarantee agreement between January 23, 2009 and January 22, 2010, with the credit guarantee principal of KRW 47,50,000 and the credit guarantee period of KRW 47,50,000.

Defendant B and C jointly and severally guaranteed the obligation under the credit guarantee agreement of the Defendant Company.

After that, the credit guarantee principal was changed to 42,50,000 won, and the credit guarantee period was changed to January 17, 2014.

(hereinafter referred to as "the first credit guarantee agreement") and the Defendant Company concluded a credit guarantee agreement between April 2, 2013 and April 2, 2018, which is the principal of the credit guarantee and KRW 29,580,000, and the credit guarantee period from April 2, 2013 to April 2, 2018.

Defendant B jointly and severally guaranteed the obligation under the credit guarantee agreement of the Defendant Company.

(hereinafter referred to as "Second Credit Guarantee Agreement")

B. The Defendant Company submitted a credit guarantee certificate issued pursuant to the first credit guarantee agreement and borrowed KRW 50,000,000 from the Korean Bank on January 28, 2009.

A defendant company submitted a credit guarantee certificate issued pursuant to the second credit guarantee agreement and borrowed 34,800,000 won from a national bank on April 2, 2013.

C. On October 11, 2013, the Defendant Company delayed the repayment of loans and caused a credit guarantee accident. On December 24, 2013, the Plaintiff paid KRW 43,232,630, and KRW 30,117,788 as the repayment of the first credit guarantee obligation to the National Bank Co., Ltd. as the performance of the first credit guarantee obligation.

According to a credit guarantee agreement, the Defendant Company should reimburse the Plaintiff the amount of the guaranteed obligation and its performance date, and then reimburse the Plaintiff for the delayed payment and the expenses for the preservation of claims.

The interest rate determined by the Plaintiff is 12% per annum, and the balance of the claim preservation expenses related to the 1st credit guarantee paid by the Plaintiff is 159,525 won.

E. The representative of the defendant company is the defendant B, and the defendant B and the defendant C are the couple, and the defendant C and the defendant D are the children.

Defendant D was a joint guarantor of the first credit guarantee agreement with Defendant B and C, and later, he was a joint guarantor.

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