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(영문) 서울중앙지방법원 2019.10.17 2019가합504458
사해행위취소
Text

1. Defendant A and B jointly and severally liable to the Plaintiff for KRW 800,898,294 and KRW 798,407,801, among themselves, shall be jointly and severally liable to the Plaintiff on December 31, 2018.

Reasons

1. Common factual relations;

A. On May 14, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) with a view to providing a credit guarantee for a part of KRW 1,050,000,000,000,000 which the Defendant Company would have borrowed from the Industrial Bank of Korea, with the credit guarantee principal of KRW 84,00,000,000 and the guarantee period from May 14, 2015 to May 13, 2016, and the Defendant B, the representative director of the Defendant Company, as of the same day, guaranteed the Defendant Company’s debt owed to the Plaintiff pursuant to the said credit guarantee agreement.

Since then, the term of guarantee of the above credit guarantee agreement was extended on June 10, 2019.

B. Around November 12, 2018, the Defendant Company received loans from the Industrial Bank of Korea as collateral from the Plaintiff, but caused a credit guarantee accident where current account transactions are suspended due to shortage of deposits. Accordingly, on December 31, 2018, the Plaintiff paid the principal and interest of loans to the Industrial Bank of Korea KRW 798,407,801 on behalf of the Plaintiff.

C. Meanwhile, when the Plaintiff performed the guaranteed obligation under the aforementioned credit guarantee agreement, the Defendant Company paid the amount of the performance and the amount of damages in proportion to the rate set by the Plaintiff from the date of performance to the date of repayment. Accordingly, the percentage of damages determined by the Plaintiff is 10% per annum from February 1, 2016.

Under the above credit guarantee agreement, the amount of finalized damages incurred by the Plaintiff by subrogation for the obligation of loans to the Industrial Bank of Korea of the Defendant Company is KRW 1,383, and the amount of unrepaid substitute payments is KRW 2,489,110.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the claim against the defendant company and B, the defendant company is the principal debtor of the above credit guarantee agreement, and the defendant B is the joint guarantor, and the above subrogation amount to the plaintiff jointly and severally.

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