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(영문) 부산지방법원 2019.05.15 2017가합51675
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 210,623,824 against the Plaintiff and KRW 210,620,948, Oct. 31, 2017.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement on July 1, 2016, as Defendant A Co., Ltd. (hereinafter “Defendant A”).

B) As regards Defendant A’s loan of KRW 225,00,000 for general corporate driving capital from D Bank, Defendant A’s credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) set forth on June 29, 2021 as the guaranteed principal amount of KRW 216,750,000 for the term of guarantee (hereinafter “instant credit guarantee agreement”).

(2) Defendant B, the representative director of Defendant A, had jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under the instant credit guarantee agreement.

3) According to Article 10 of the Credit Guarantee Agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A and B shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by the interest rate determined by the Plaintiff (12% per annum from September 5, 2013 to the date of repayment of the Plaintiff’s guaranteed obligation) from the date of repayment of the Plaintiff’s guaranteed obligation, and the expenses incurred in the performance of the guaranteed obligation. (B) Defendant A submitted the Plaintiff’s credit guarantee form under the Credit Guarantee Agreement and received loans from D banks.

2) On August 9, 2017, the D Bank is a guarantee accident (hereinafter “instant guarantee accident”) in which Defendant A did not pay the principal repaid in installments to the Plaintiff on the agreed date ( August 1, 2017) (hereinafter “instant guarantee accident”).

(3) On October 31, 2017, the Plaintiff subrogated to the D Bank for KRW 219,246,722 under the instant credit guarantee agreement (i.e., principal amount of KRW 216,750,000) in accordance with the credit guarantee agreement.

4) The fixed amount of damages for which Defendant A is obligated to additionally pay to the Plaintiff according to the instant guarantee accident and subrogation is the agreed delay damages incurred between the Plaintiff and the Defendant A to recover KRW 8,625,774 (i.e., partial amount of the said subrogated amount, after the Plaintiff subrogated to the Bank in accordance with the instant credit guarantee agreement (i.e., the contract delay damages incurred until the amount of KRW 8,607,590, Nov. 18, 2017).

Korea is KRW 2,876.

(c)each entry in the separate sheet;

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