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(영문) 서울중앙지방법원 2016.01.27 2015가단5235578
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 172,393,301 and KRW 171,531,400 among them.

Reasons

1. Basic facts

A. On August 26, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with each of the following terms (hereinafter “each of the instant credit guarantee agreements”), and issued a credit guarantee agreement to the Defendant Company, and provided a credit guarantee as to the principal and interest to be borne by the Defendant Company by receiving each of the loans from the Industrial Bank of Korea (hereinafter “Nonindicted Bank”).

The term of guarantee principal guaranteed on the date of credit guarantee: D 85,00,000 won guaranteed on August 26, 2014: 85% on August 20, 2015; E 85,000,000 won guaranteed on August 26, 2015: 85% on August 20, 2015.

According to each credit guarantee agreement of this case, when the plaintiff performed the above guaranteed obligation, the defendant company shall pay all incidental obligations, such as the amount subrogated by the plaintiff, damages for delay calculated by the rate determined by the plaintiff from the date of payment of the guaranteed obligation to the date of full payment of the amount paid by the plaintiff, additional guarantee fee calculated by adding a certain rate to the guarantee rate from the day following the date of payment of the guaranteed obligation to the date of termination of the guaranteed obligation, and legal procedure expenses (provisional payment) incurred by the plaintiff in order to execute or preserve the right

C. Defendant B, the representative of the Defendant Company, has jointly and severally guaranteed all obligations under each of the instant credit guarantee agreements against the Plaintiff of the Defendant Company.

On June 3, 2015, the Defendant Company lost the benefit of the loan due to the suspension of current account transactions, but did not pay the principal and interest of the loan. On July 6, 2015, the Plaintiff paid to Nonparty Bank a total of KRW 171,531,400 ( KRW 85,765,700, KRW 85,765,765,700) on his/her behalf and performed the guaranteed obligation.

In addition, the plaintiff did not recover KRW 861,901 out of the legal procedure costs incurred to preserve the above claim for reimbursement.

The plaintiff shall be determined from the date of subrogation to the date of payment of subrogation.

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