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(영문) 서울고등법원 2019.07.05 2018나2053352
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant and H are listed in the attached Table 6.

Reasons

1. Basic facts

A. On November 12, 2014, the Plaintiff and I Co., Ltd. (hereinafter “I”) are the Plaintiff’s credit guarantee agreement 1) that the Plaintiff is an I Co., Ltd. (hereinafter “I”).

3) As well as the non-party Company J (hereinafter “J bank”)

(C) The credit guarantee agreement was concluded on November 11, 2015 (hereinafter “instant credit guarantee agreement”) with respect to the principal and interest of loan to be borne by the Defendant, setting the term of the credit guarantee principal as KRW 264 million and the term of the credit guarantee (hereinafter “instant credit guarantee agreement”).

) On the same day, H, the representative director of the non-party company, together with K, has jointly and severally guaranteed the obligation of indemnity to be borne by the non-party company against the plaintiff in accordance with the above credit guarantee agreement, and thereafter, the period of guarantee under the above credit guarantee agreement was extended on May 20, 2016. 2) On November 14, 2014, the non-party company submitted a credit guarantee certificate issued by the plaintiff under the credit guarantee agreement of this case and received a loan of KRW 330 million from J bank (hereinafter “the instant loan”). Since then, the period of repayment of the loan was extended on May 20, 2016.

B. In the event of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation, on June 17, 2016, the J bank notified the Plaintiff that “the Nonparty Company delayed payment of the principal of the loan on May 17, 2016, and caused a guaranteed accident.” On August 16, 2016, the Plaintiff subrogated the J Bank to pay a total of KRW 267,917,586 under the Credit Guarantee Agreement (i.e., the principal amount of KRW 264 million) on behalf of the J Bank (i.e., KRW 3,917,586) pursuant to the amount of KRW 267,917,586, Aug. 16, 2016.

C. On August 17, 2016, the Plaintiff filed an application with Nonparty Company, H, and K for a payment order against Nonparty Company, H, and K for a total of KRW 270,521,416, and its delay damages pursuant to the credit guarantee agreement of this case, with the Seoul Central District Court 2016 tea303425, and the said court issued the payment order upon the Plaintiff’s application on August 31, 2016.

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