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(영문) 서울중앙지방법원 2020.06.11 2019가합565200
사해행위취소
Text

1. As to KRW 373,653,679 and KRW 361,376,856 among the Plaintiff, Defendant A shall be from November 30, 201 to May 31, 201.

Reasons

1. Basic facts

A. The Plaintiff concluded a credit guarantee agreement with D Co., Ltd. as follows and issued a credit guarantee certificate.

D Co., Ltd. received a loan by submitting a credit guarantee statement to E organizations, and thereby, the Plaintiff guaranteed the obligation of the loan.

The guaranteed amount of the agreed-day guarantee (won) on April 2, 2010, the agreed-day guarantee period of KRW 95 million on March 31, 2014; and KRW 50 million on July 29, 2010, July 30, 2014; and KRW 50 million on July 30, 2014, July 30, 2014; KRW 50 million on June 30, 2014; and KRW 180 million on September 1, 2010.

B. Defendant A and his wife who are the representative director of D Co., Ltd. shall be the company, and the company shall be the company.

In accordance with each credit guarantee agreement stated in the paragraph, joint and several liability such as indemnity amount has been borne.

C. D Co., Ltd. failed to repay obligations to E organizations, and the Plaintiff subrogated for KRW 384,310,371 to E organizations on November 30, 201.

After that, the Plaintiff collected KRW 22,933,515 and the principal of the indemnity amount remains in KRW 361,376,856.

The damages for delay incurred until the recovery date for collected KRW 22,93,515 are KRW 10,197,954, and the balance of the legal procedure expenses paid provisionally in order to secure the obligation for reimbursement is KRW 2,078,869.

E. The Plaintiff’s rate of delay damages for indemnity obligations is 14% per annum from December 2, 2010 to May 31, 2015, 12% per annum from the following day to January 31, 2018, and 10% per annum from the following day to the next day.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and 7 (if there are provisional numbers, including all them; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts acknowledged prior to the claim against Defendant A, Defendant A: (i) KRW 373,653,679 in total (i.e., KRW 10,197,954 in delay damages of KRW 22,93,515 in total at KRW 361,376,856 recovered from principal and KRW 22,953,515 in total); and (ii) KRW 361,376,856 in total as at the date of subrogation for the principal from November 30, 201 to May 31, 2015; and (iii) KRW 12% in each year from June 1, 2015 to January 31, 2018; and (iv) from February 1, 2018 to September 27, 2019 in this case, the copy of the complaint from February 1, 2018.

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