logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.25 2019가합584935
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 1,817,150,235 and KRW 1,809,828,424 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Facts of recognition;

A. Conclusion of a credit guarantee agreement and joint and several sureties 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”).

(1) On April 11, 2016, the amount of security deposit of KRW 990,000,000 was changed to KRW 935,00,000,000.

(B) The term of guarantee was extended on April 11, 2017 (after this, until April 10, 2020).

(2) Each credit guarantee agreement set forth up up until October 30, 2018; ② the credit guarantee agreement set up on October 30, 2019; ③ the credit guarantee agreement set up on October 30, 2019; ③ the amount guaranteed on October 30, 2018; and ③ the credit guarantee agreement set forth on October 30, 2019 as the guarantee term (hereinafter collectively referred to as the “each of the instant credit guarantee agreements”).

(2) At the time of each credit guarantee agreement, Defendant A agreed to pay the amount subrogated by the Plaintiff when the Plaintiff performed the guaranteed obligation (amount of performance of the guaranteed obligation), the amount of performance of the guaranteed obligation at the rate and calculation method determined by the Plaintiff from the date of performance to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the preservation of the right acquired from the performance of the guaranteed obligation, and the expenses incurred

Meanwhile, the interest rate applied to delay damages, etc. determined by the Plaintiff is 10% per annum from February 1, 2016 to the date.

3. At the time of entering into each credit guarantee agreement of this case, Defendant A, a representative director of Defendant A, guaranteed all obligations owed by Defendant A to the Plaintiff in accordance with each credit guarantee agreement of this case.

B. As a credit guarantee accident occurred, Defendant A delayed payment of interest to the Industrial Bank of Korea from June 27, 2019, the Plaintiff repaid KRW 1,815,674,094 of the principal and interest of loans to the Industrial Bank of Korea on behalf of Defendant A on October 30, 2019, and paid KRW 7,312,210 to secure indemnity claims.

Since then, the plaintiff recovered 5,845,670 won and the balance of the subrogated payment shall be 1,809,828.

arrow