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(영문) 대전지방법원 2015.11.11 2015가합104040
사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 278,349,765 as well as KRW 273,77,05 as to the Plaintiff’s KRW 273,77,05.

Reasons

On March 22, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). In the event that the Defendant Co., Ltd. did not perform its obligation to repay the loan after obtaining a loan from a financial institution, the Plaintiff made a subrogation by setting the principal of the credit guarantee as between March 22, 2013 and March 21, 2014; and the Defendant Co., Ltd shall pay the Plaintiff the amount of the subrogated payment, damages for delay calculated at the rate of delay as determined by the Plaintiff from the date of vicarious payment to the date of full payment (hereinafter “instant credit guarantee agreement”).

Defendant B and C guaranteed the above debt owed to the Plaintiff of the Defendant Company.

On March 22, 2013, the Defendant Company issued a letter of credit guarantee regarding the instant credit guarantee agreement from the Plaintiff and borrowed KRW 300,000,000 from the Suhyup Bank.

As the Defendant Company failed to repay its loans to Suhyup Bank, on June 8, 2015, the Plaintiff subrogated for KRW 273,777,055 to Suhyup Bank in accordance with the instant credit guarantee agreement.

(2) The Plaintiff’s “273,777,065 won” appears to be a clerical error in the “273,777,055 won” (hereinafter the same shall apply). As to the credit guarantee agreement of this case, the rate of damages for delay determined by the Plaintiff is 12% per annum. The Plaintiff’s payment is 3,111,960 won for substitute payments paid by the Defendant Company in order to preserve the claim for reimbursement based on the credit guarantee agreement of this case, which has not been repaid by the Defendant Company, and the penalty for attempted penalty is 1,460,750 won.

Judgment

Defendant B and C, a joint and several liability obligor, jointly and severally and severally, jointly and severally with the Plaintiff KRW 278,349,765 (273,777,05 + substitute payment + KRW 3,11,960 + Unclaimed penalty + KRW 1,460,750 + “278,349,975 won” of the warden, and “278,349,765 won” of the complaint, appears to be erroneous in the clerical error of “278,349,765 won”; hereinafter the same shall apply) and 273,77,055 won, which is the date of subrogation by the Plaintiff.

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