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(영문) 서울중앙지방법원 2018.04.06 2017가단5163653
사해행위취소
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 142,425,048 and 141,361 among them.

Reasons

1. Facts of recognition;

A. The Defendant A Co., Ltd. (hereinafter “Defendant A”) determined the amount as KRW 70,635,00 on July 25, 2012 (the amount was changed to KRW 63,495,00) and July 24, 2013 (the period thereafter was extended to July 21, 2017) between the Plaintiff and the Plaintiff; ② the amount as KRW 79,900,000 on September 10, 2015 (the amount was changed to KRW 75,905,00) (the period thereafter was extended to September 8, 2017); and the period of guarantee was determined on September 9, 2016 (the period thereafter extended to September 8, 2017), and the Defendant Co., Ltd concluded an agreement to guarantee each of the repayment obligations to be borne by the Industrial Bank of Korea (hereinafter “Non-Party Bank”).

(2) According to the above credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, the Defendant Company shall pay to the Plaintiff all incidental obligations, such as the amount subrogated by the Plaintiff, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the first applicable guarantee fee rate from the day following the date of payment of guarantee fees for the amount not terminated to the day before the date of termination of guarantee, and other legal procedure expenses paid by the Plaintiff for delay.

(3) At the time of the above credit guarantee agreement, Defendant B and C jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff.

(4) However, the Defendant Company did not pay the principal and interest of the loan even though it lost the benefit due to the nonperformance of obligation to the Nonparty Bank. Accordingly, on August 4, 2017, the Plaintiff paid the principal and interest of the loan to Nonparty Bank 141,361,38 under credit guarantee.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, and the purport of the whole pleading

2. Claim against Defendant Company, Defendant B, and Defendant C

(a)the indication of claims: as described in the column of paragraph 1 above and in the following paragraphs:

(1) Payment by subrogation: 141,361,388 won (the principal and interest of loans repaid by the plaintiff under the above paragraph (1)).

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