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(영문) 서울중앙지방법원 2018.08.23 2017가합531760
구상금 및 사해행위 취소 등의 소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 348,07,348 and KRW 189,194,693 among the Plaintiff, Defendant A and B, respectively.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1 through 7 (including each number, if any).

On October 20, 2016, including the conclusion of a credit guarantee agreement, the Plaintiff entered into an individual credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”). Defendant B, the representative director of the Defendant Company, under each of the instant credit guarantee agreements, jointly and severally guaranteed all the obligations owed to the Plaintiff on October 20, 2016, the guarantee period period of the guaranteed amount under a net contract concluded by the Defendant Company based on the respective credit guarantee agreements in this case.

Under each credit guarantee agreement of this case, when the plaintiff fulfills the guaranteed obligation, the defendant company shall pay to the plaintiff the amount of the guaranteed obligation and the damages for delay calculated at the interest rate as determined by the plaintiff, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise

The Plaintiff issued each credit guarantee form to the Defendant Company in accordance with the respective credit guarantee agreements of this case, and the Defendant Company provided each of the above credit guarantee certificates as security and borrowed KRW 200 million from the D Bank and KRW 236 million from the Industrial Bank of Korea.

The Defendant Company, including the Plaintiff’s subrogation, delayed repayment of the principal and interest of each of the above loans, and the Plaintiff subrogated to the Bank for KRW 190,549,373, and KRW 161,289,48 on March 21, 2017, pursuant to each of the credit guarantee agreements in this case.

On February 24, 2017, the Plaintiff recovered KRW 1,354,680 from the Defendant Company and appropriated it for the principal of indemnity incurred by subrogation to the Industrial Bank of Korea. The Plaintiff recovered KRW 2,902,790 on March 21, 2017 and subrogated to the D Bank.

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