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(영문) 서울중앙지방법원 2017.04.06 2016가단5283680
사해행위취소
Text

1. Defendant A’s KRW 25,435,228 and KRW 24,975,881 among the Plaintiff’s KRW 12% per annum from September 28, 2016 to December 5, 2016.

Reasons

1. Common factual relations;

A. On August 13, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A with the guarantee principal of KRW 30 million and the guarantee term until August 13, 2019.

In the above agreement, Defendant A agreed to pay the amount of subrogated payment made by the Plaintiff when the Plaintiff performed the guaranteed obligation, and damages for delay in accordance with the rate determined by the Plaintiff from the date on which the payment was made by the Plaintiff (the rate of damages for delay determined by the Plaintiff is 12% per annum from June 1, 2015), and the legal procedure costs and expenses incurred by the Plaintiff in order to enforce or preserve the claim for reimbursement.

B. Under the above credit guarantee agreement, Defendant A loaned KRW 30 million at the main business station of the National Bank on the same day, but on May 13, 2016, Defendant A caused a credit guarantee accident due to overdue payment of principal.

Accordingly, on September 28, 2016, the Plaintiff paid the principal and interest of KRW 25,423,401 to a national bank on the same day, but collected KRW 447,520 from the above Defendant on the same day and appropriated it for payment, thereby causing 24,975,881 won. Accordingly, there was 147 won (47,520 x 12/100 x 12/100 x 1/365).

Meanwhile, the Plaintiff spent KRW 459,200 to preserve the claim for reimbursement.

【Defendant A’s Grounds for Recognition: Article 150 (Voluntary Confession), Defendant B: The absence of dispute, and evidence No. 1 through 7 of the Civil Procedure Act

2. According to the facts of the determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff delay damages at each rate of 25,435,228 won (24,975,881 won, 147, 459,200 won, 24,975,881 won, and 24,975,81 won, which are the date of subrogation, a copy of the complaint from September 28, 2016 to December 5, 2016, 12% per annum as stipulated in the credit guarantee agreement, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Determination as to the claim against the defendant B

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