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(영문) 서울중앙지방법원 2016.12.22 2015가합543677
구상금 및 사해행위취소
Text

1. The plaintiff's respective lawsuits against the defendant A and B shall be dismissed.

2. As to apartments entered in the indication of the attached real estate:

Reasons

1. Facts of recognition;

A. Credit guarantee agreement and loan 1) The Plaintiff is D Co., Ltd. (hereinafter “D”).

B) As between October 31, 2014, the credit guarantee agreement between the credit guarantee principal and KRW 850 million, and the credit guarantee agreement between October 31, 2014 and October 30, 2015 (hereinafter “instant credit guarantee agreement”).

D) Around October 31, 2014, around October 31, 2014, the credit guarantee statement of the above content as security, D loaned KRW 1 billion from Han Bank to Han Bank with the name of the loans for general business operation (hereinafter “instant loan”).

(2) At the time of the conclusion of the instant credit guarantee agreement, Defendant A and B, a joint representative director of D, jointly and severally guaranteed the liability for indemnity to the Plaintiff under the said credit guarantee agreement (hereinafter “instant liability for indemnity”).

3) According to the instant credit guarantee agreement, D and joint sureties are liable for a prior repayment of the amount guaranteed by the Plaintiff when grounds, such as filing an application for commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, etc. In the event that D and joint sureties have occurred, and when the Plaintiff fulfilled the guaranteed obligation, D and joint sureties are liable for a prior repayment of the amount guaranteed by the Plaintiff, and D and joint sureties pay damages, etc. at the rate determined by the Plaintiff from the date of the immediately performance of the guaranteed obligation and the date of repayment to the date of repayment. (B) On April 29, 2015, D filed an application for rehabilitation with the Seoul Central District Court Decision 2015 Ma10105, Apr. 29, 2015. On May 8, 2015, Han Bank notified the Plaintiff that D

2) On June 5, 2015, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated to Han Bank for the principal and interest of D amounting to KRW 832,246,271 (the principal + interest KRW 828,605,507 + interest KRW 3,640,764). 3) The rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date. The Plaintiff recovered KRW 2,189,647 on June 5, 2015 and collected them as the principal and interest of the instant loan.

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