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(영문) 서울중앙지방법원 2015.11.06 2015가합533014
사해행위취소
Text

Defendant A and B shall jointly and severally file for the Plaintiff KRW 207,117,718 and KRW 207,117,386 among them.

Reasons

1. Basic facts

A. (1) The Plaintiff and Defendant A guarantee agreement that guarantees the repayment of principal and interest of loans on August 28, 2006 (hereinafter “the credit guarantee agreement of this case”) (hereinafter “the credit guarantee agreement of this case”).

(1) On August 30, 2006, the Defendant issued a credit guarantee certificate of KRW 350,00,000 from the Industrial Bank of Korea (hereinafter referred to as “instant loan”) on August 30, 2006, with the guarantee number C, the guaranteed amount of KRW 297,50,000 (with multiple reductions reduced thereafter, KRW 204,80,000) and the guarantee period of KRW 207 on August 29, 2007 (up to August 21, 2015 after several changes thereafter). The Defendant submitted the said credit guarantee certificate to obtain a loan of KRW 350,00,000 from the Industrial Bank of Korea.

(2) Defendant A jointly and severally guaranteed the obligation that Defendant A owes to the Plaintiff under the aforementioned credit guarantee agreement. (2) According to the instant credit guarantee agreement, when the Plaintiff performed the credit guarantee obligation, the Defendant Company shall pay to the Plaintiff the amount of the Plaintiff’s subrogation (amount of the guaranteed obligation) and the damages for delay determined by the Plaintiff until the date of full payment (12% per annum from December 1, 2012 to the date of full payment) from the amount of the Plaintiff’s subrogated payment (amount of the guaranteed obligation) and the date of subrogated payment (the date of performance of the guaranteed obligation).

3) On January 22, 2015, Defendant A delayed interest on the instant loan and caused a credit guarantee accident. On May 7, 2015, the Plaintiff repaid the loan amount of KRW 208,128,476 to the Industrial Bank of Korea under the credit guarantee on behalf of the Defendant A, in subrogation of the Plaintiff, and thereafter, the remainder of the subrogated amount remains KRW 207,117,386 as the Plaintiff was appropriated for the partial repayment of the subrogated amount of KRW 1,01,090 collected by subrogation. 4) The fixed amount of damages incurred as to KRW 1,011,090 ( = 1,011,090 x 12 per annum x 12 per annum x 365 days, and forest below KRW 1,365).

B. Defendant A’s disposal of real estate by Defendant A, etc. shall be listed in the attached list.

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