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(영문) 서울남부지방법원 2019.10.31 2019가단216620
사해행위취소
Text

1. It was concluded on October 17, 2018 between Company B and the Defendant as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff entered into an agreement on commercial transaction security guarantee with B Co., Ltd. (hereinafter “Nonindicted Company”) to guarantee the payment of obligations under each commercial transaction contract borne by the Nonparty Company as listed below.

(hereinafter referred to as “each guarantee agreement of this case”). The amount guaranteed as the guarantee date shall be the amount subrogated by a company for a type of commercial transaction as the date of payment by the company for the kind of guarantee (hereinafter “instant guarantee agreement”). ① Guarantee C for commercial security on November 19, 2018, Nov. 19, 2018;

B. According to the credit guarantee agreement applicable to each guarantee agreement of this case, the non-party company bears the obligation to repay in advance the amount guaranteed by the plaintiff when it violated the obligation to discharge the principal obligation (Article 5(1)1), and the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation by the rate as determined by the plaintiff until the repayment date of the amount of the guaranteed obligation and the amount of damages, expenses for the preservation of claims, etc.

(Article 10). (c)

On October 19, 2018, the Plaintiff received notice of each claim accident and notice of defective disposal from C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) (hereinafter “instant guarantee accident”) (hereinafter “instant guarantee accident”) on November 19, 2018.

A total of 798,908,665 won was subrogated as stated in the corresponding column of the port table.

Accordingly, the Plaintiff owned a claim for delay damages from November 19, 2018, on the part of Non-Party Company for the amount of KRW 800,363,874 (=798,908,665 won by subrogation) - amount of KRW 629,752,00 for the final damages for recovery of KRW 2,297,440, and 796,61,225 won for the principal (=amount of subrogated payment 798,908,665 won - amount of subrogated payment - amount of KRW 2,297,40).

E. However, on October 17, 2018, prior to the above subrogation, the non-party company established each mortgage contract with the defendant as to each real estate listed in the separate sheet.

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