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(영문) 서울중앙지방법원 2018.11.20 2017가단5211040
사해행위취소 등
Text

1. As to KRW 34,377,308 and KRW 33,763,155 among the Plaintiff, Defendant A shall be from October 17, 2017 to November 13, 2017.

Reasons

1. Basic facts

A. On July 1, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Defendant A and the above Defendant C (hereinafter “C”) with respect to a loan that the said Defendant is entitled to receive from Defendant C (hereinafter “C”), and issued a credit guarantee agreement with the content of the credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) on June 30, 2016.

According to the credit guarantee agreement of this case, when the above defendant fails to discharge the principal obligation within the period for the execution of the principal obligation, the defendant shall pay to the plaintiff penalty calculated by multiplying the amount of the guaranteed obligation by the rate of 0.5% per annum by the guarantee fee rate for the amount of the guaranteed obligation, and when the plaintiff has discharged the guaranteed obligation, the above defendant shall immediately pay to the plaintiff the amount of the guaranteed obligation, the amount of damages calculated by multiplying the above amount by the rate set by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right, the unpaid guarantee fee, delayed guarantee fee, penalty, and the damages for delay calculated by multiplying the amount of the guaranteed obligation by the rate set by the plaintiff from the date of payment of each expense to the date of repayment. As will be as follows:

B. Defendant A submitted the said credit guarantee statement to C and received a loan of KRW 40,000,000 from the said bank (hereinafter “instant loan”). Defendant A was unable to repay the principal and interest at once, thereby losing the benefit of the term for the instant loan on June 19, 2017.

Accordingly, on October 17, 2017, the Plaintiff subrogated for 33,763,155 won of the remainder of the loan of this case to the above bank and performed the guaranteed obligation under the credit guarantee agreement of this case.

C. The plaintiff's guarantee obligation.

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