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(영문) 서울중앙지방법원 2017.08.17 2017가합501097
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 223,004,754 and KRW 223,003,749 among them.

Reasons

1. Basic facts

A. On June 1, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant Company A (hereinafter “Defendant Company”) on a credit guarantee agreement with Defendant Company A (hereinafter “Defendant Company”) and entered into a credit guarantee agreement with Defendant Company A (hereinafter “instant guarantee agreement”), the guaranteed amount of KRW 252,00,000 (which shall be changed to KRW 226,40,000 thereafter), and the guaranteed period of August 31, 2016 (which shall be extended to August 31, 2017 thereafter), issued a credit guarantee agreement with Defendant Company A (hereinafter “Defendant Company”), and provided a credit guarantee as to the principal and interest obligation to be borne by Defendant Company upon receiving a loan equivalent to the above amount from Han Bank Co., Ltd. (hereinafter “I Bank”), and Defendant B jointly and severally guaranteed all the obligation to be borne by the Plaintiff at the time of the said guarantee agreement.

B. The Defendant Company lost its interest due to the closure of business on November 22, 2016, arrears on December 5, 2016, etc., and did not pay the principal and interest of the loan even though it did not pay the said interest.

Accordingly, on December 16, 2012, the Plaintiff repaid 226,673,289 won of the principal and interest of loans under the instant guarantee agreement in subrogation of the Defendant Company, and thereafter recovered 3,669,540 won from the Defendant Company to appropriate it for the amount of subrogation.

C. The instant guarantee agreement provides that if the Plaintiff performed the guaranteed obligation, the Defendant Company shall pay to the Plaintiff the amount subrogated by the Plaintiff, delay damages at the rate determined by the Plaintiff after the date of performance, penalty calculated by adding a certain percentage of the final applicable guarantee fee rate to the pertinent guarantee payment rate from the day following the date of payment of guarantee fees for the terminated amount to the date of termination of guarantee, and all other incidental obligations, such as legal procedure expenses paid by the Plaintiff. In a case where the Defendant Company violated or discontinued the principal obligation, the Defendant Company and Defendant B shall bear the obligation of advance reimbursement for the amount guaranteed by the Plaintiff even

Meanwhile, from February 1, 2016, the Plaintiff’s interest rate for delay is 10% per annum.

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