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(영문) 서울중앙지방법원 2017.08.23 2016가합576780
구상금 및 사해행위 취소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally for KRW 242,809,435 and KRW 80,418,452 among them, Defendant A and B shall be jointly and severally for the Plaintiff on September 9, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

between the Defendant Company and the Korea SC Bank, Inc. (hereinafter “SC Bank”).

(1) The term “National Bank” and “National Bank” (hereinafter referred to as “National Bank”)

(3) In obtaining a loan from a party, each credit guarantee agreement (hereinafter “each of the instant guarantee agreements”) with the terms and conditions set forth below as follows.

(2) On March 30, 2016, the amount guaranteed to the SC Bank was changed to KRW 162,00,000. Around March 30, 2016, the amount guaranteed to the said Bank was changed to KRW 162,00,000. Around March 30, 2016, the Defendant B, the representative director of the Defendant Company, issued each credit guarantee certificate to the said Bank. (Amount unit: KRW 2) On the date of conclusion of each guarantee agreement, the Defendant B, the representative director of

3) According to each of the instant guarantee contracts, in a case where the Plaintiff fulfilled the guaranteed obligation under each of the instant respective guarantee contracts, the Defendant Company, B, the guarantor, and the Plaintiff as the guarantor, and the Plaintiff as the guarantor, are obligated to pay the penalty calculated by adding a certain rate to the final applicable guarantee fee rate from the day following the date of payment of the guarantee fee for the amount of the amount not terminated to the day immediately preceding the date of termination of the guarantee (Articles 3 and 10). From September 9, 2016 when the Plaintiff initially subrogated by the Plaintiff, the agreed interest rate for the payment of the subrogated amount to the day of closing argument from September 16, 2016 to the date of closing argument of the instant case is 10% per annum. (B) The Defendant Company paid interest on the said loan to the National Bank from July 16, 2016 to the date of closing argument, thereby making a report on discontinuation of business to the National Bank and the SC Bank lost its interest on the loans due to the obligation.

2) Accordingly, the Plaintiff’s principal amounting to KRW 81,414,051 on September 9, 2016 (i.e., the principal amounting to KRW 81,00,000.

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