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(영문) 서울중앙지방법원 2019.01.18 2018가단5019135
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 40,765,589 and KRW 38,631,839 among them.

Reasons

1. Basic facts

A. On June 20, 2016, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (former trade name: Co., Ltd.; hereinafter “Defendant E”) and Defendant E Co., Ltd. with respect to the principal and interest of loans that Defendant E would receive from Defendant E Co., Ltd. (hereinafter “F”), setting the guaranteed principal as KRW 42,50,000, and the guarantee term as of June 21, 2021, and issued a credit guarantee certificate to Defendant E.

B. Upon entering into the above credit guarantee agreement, the Plaintiff and Defendant E agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay at the rate set by the Plaintiff from the date of subrogation to the date of repayment for the performance of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, ④ the unpaid guarantee fee, additional guarantee fee

Defendant B jointly and severally guaranteed all the obligations under the above credit guarantee agreement against the Plaintiff of Defendant E.

C. On December 26, 2017, Defendant E caused a guarantee accident where the due interest for the borrowed money is lost from F on the opposite left-road, and F notified the Plaintiff of the occurrence of the credit guarantee accident.

On March 23, 2018, the Plaintiff fulfilled the obligation to guarantee the F amount of KRW 38,631,839 in accordance with the credit guarantee agreement. Of the legal process costs incurred by the Plaintiff, the outstanding amount is KRW 2,133,750 in the outstanding amount, and the rate of delay damages determined by the Plaintiff is 10% per annum after March 23, 2018.

Defendant B entered into a mortgage agreement with Defendant C on July 17, 2017 with respect to the size of 4370 square meters (hereinafter “instant real estate”), which was located in the name of Defendant C, with the maximum debt amount of KRW 150 million, and the debtor G, and Defendant B entered into such agreement with Defendant C on July 17, 2017 as to the establishment of a mortgage agreement under the name of Defendant C, which was received on July 17, 2017, with the Goyang-gu District Court No. 49115, Jul. 17, 2017.

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