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(영문) 서울중앙지방법원 2015.06.25 2014가단5264722
구상금, 사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 35,199,106 and KRW 34,596,202 of the two costs.

Reasons

1. Basic facts

A. On June 28, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) by providing the guaranteed amount of KRW 50,00,000,00 and the guaranteed period of June 28, 2013 as a loan for small and medium enterprise funds, and Defendant A, the representative of Defendant A, under the said credit guarantee agreement, jointly and severally guaranteed the Defendant A’s obligation under the said credit guarantee agreement. Defendant A obtained a loan from the Industrial Bank of Korea around June 29, 2012 under the Plaintiff’s credit guarantee agreement.

B. Defendant A and B entered into an agreement between the Plaintiff to change the term of guarantee to KRW 45,00,000 by June 27, 2014.

C. On June 28, 2014, Defendant A did not repay the obligations despite the repayment period of the obligations owed to the Industrial Bank of Korea, and the Industrial Bank of Korea urged the Plaintiff to perform the guarantee obligation.

On August 29, 2014, the Plaintiff subrogated for KRW 34,596,202 to the Industrial Bank of Korea.

Upon entering into a credit guarantee agreement with the Plaintiff, Defendant A agreed to pay to the Plaintiff damages for delay, additional guarantee fees, claims preservation expenses, etc. according to the interest rate determined by the Plaintiff from the date including the Plaintiff’s performance amount and the date of performance to the date of full payment. The general overdue interest rate applied by the Plaintiff is 12% per annum from December 1, 2012, and additional guarantee fees are 108,430 won, and the legal procedure expenses paid by the Plaintiff for the preservation of claims for indemnity are 494,474 won.

E. On February 25, 2014, Defendant B entered into a mortgage contract (hereinafter “mortgage contract of this case”) between Defendant Eypt loan Co., Ltd. (hereinafter “Defendant Eypt loan”) on the attached real estate (hereinafter “instant real estate”) with the maximum debt amount of 150,000,000, and completed the registration of establishment of a collateral to Defendant Eypt loan on the same day.

(hereinafter “instant collateral security”). F.m.,

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