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(영문) 서울중앙지방법원 2018.04.20 2016나62001
구상금 및 사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Conclusion of a credit guarantee agreement and a loan agreement (1) The Plaintiff is a non-profit special corporation established for the purpose of contributing to the development of the national economy by facilitating the financing of the company by guaranteeing the debt of the company which lacks security capacity.

(2) The Plaintiff entered into each credit guarantee agreement between A and A to guarantee each of its respective amount guaranteed by each relevant time limit as specified in the table below, and issued each credit guarantee agreement under each of the above credit guarantee agreements, and one bank executed each of the credit guarantee agreements as security.

(3) According to each of the credit guarantee agreements of this case, A agreed to pay the amount of guarantee obligation and the amount of the repayment of the guarantee obligation at the rate determined by the Plaintiff (12%) from the date of full payment to the date of full payment of the guarantee obligation.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) commenced on February 11, 2015, with respect to the first loan obligation of KRW 50 million, and on March 10, 2015, on March 10, 2015, the Plaintiff lost the benefit of the term of the loan obligation under the instant loan agreement by failing to pay interest on the second loan obligation of KRW 100 million.

(2) On March 19, 2015, Han Bank notified the Plaintiff of the occurrence of a credit guarantee accident, and on August 10, 2015, the Plaintiff subrogated for KRW 141,759,784 as the guaranteed amount under each credit guarantee agreement of the instant case.

(3) After such subrogation, the Plaintiff paid KRW 724,304 to the legal procedural costs for preserving the enforcement of the claim for indemnity against A.

(4) Thereafter, KRW 242,310 was recovered as unpaid guarantee fees.

C. (1) On March 5, 2015, A concluded a contract to establish a collateral security and distribute the same (hereinafter referred to as “instant real estate”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”), the mortgagee of the collateral security interest shall be the Defendant.

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