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(영문) 서울중앙지방법원 2017.04.28 2016가합502864
사해행위취소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 256,142,656 and KRW 256,142,267 among them, respectively.

Reasons

Basic Facts

On April 17, 2014, the Plaintiff entered into a credit guarantee contract (hereinafter “the instant credit guarantee contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and entered into a credit guarantee contract with a credit guarantee term of KRW 255,000,000, and a credit guarantee term of April 16, 2015, providing credit guarantee for loans to Han Bank Co., Ltd. (hereinafter “I Bank”) (hereinafter “the instant credit guarantee contract”).

Defendant B guaranteed the obligation owed by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee contract.

According to the credit guarantee contract of this case, the defendant company shall pay to the plaintiff the amount of the guaranteed obligation and the amount calculated by multiplying the amount of the guaranteed obligation by the rate determined by the plaintiff from the date of the repayment of the guaranteed obligation to the date of the repayment of the guaranteed obligation, ② the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the exercise of the right to preserve and transfer the right acquired through the performance of the guaranteed obligation, and damages

The rate of damages for delay determined by the Plaintiff is 12% per annum from December 24, 2015 to December.

On October 21, 2015, Defendant Company, including the Plaintiff’s subrogation, did not pay the principal and interest of the loan and caused a credit guarantee accident.

On December 18, 2015, the Plaintiff paid the principal amount of KRW 257,326,437 to Hana Bank on or around December 24, 2015 (i.e., KRW 255,00,000, KRW 2,326,437).

On December 24, 2015, the Plaintiff recovered KRW 1,184,170 from the Defendant Company and appropriated it for repayment, and the fixed damages for delay are KRW 389.

Attached Form

Defendant B’s transfer registration of ownership of each of the lands listed in the 1st list to Defendant C, D, and E on September 21, 2015 (hereinafter “each of the instant lands”) refers to the instant sales contract as of September 3, 2015 with respect to each of the lands listed in the 1st list in the name of the principal (hereinafter “each of the instant lands”).

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