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(영문) 서울중앙지방법원 2017.01.26 2016가합502239
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 9,949,565,150 and KRW 9,911,411,050 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into an import insurance agreement and subrogated 1) On June 18, 2014, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(1) The Korea Exchange Bank Co., Ltd. and the Defendant Co., Ltd. (hereinafter “Korea Exchange Bank”)

(2) In receiving a loan or a payment guarantee from the Plaintiff, the Plaintiff guaranteed the non-party bank for the guarantee period within the limit of the guaranteed amount. However, when the Plaintiff fulfilled the guarantee obligation to the non-party bank, the Plaintiff entered into an import insurance agreement with the amount of the repayment of the guaranteed amount and the expenses incurred in preserving, implementing, and exercising the rights acquired by the Plaintiff due to the performance of the guaranteed obligation, and the amount of the compensation for delay calculated by multiplying the period from the day following the due date for payment determined by the Plaintiff to the date of repayment by the overdue interest rate determined by the Plaintiff. Defendant B guaranteed the above guarantee obligation to the Plaintiff of the Defendant company. (2) On June 18, 2014 pursuant to the above import insurance agreement, the Plaintiff issued an insurance policy with the income amount of USD 9,000,000 which the Plaintiff acquired to the non-party bank, the obligor company, the Defendant company, and the guarantee period from June 18, 2014 to June 17, 2015.

3) On March 11, 2015, the rehabilitation procedure was abolished on June 10, 2015 by the Defendant Company upon filing an application for commencing rehabilitation procedures with the Seoul Central District Court 2015 Gohap12. The said rehabilitation procedure was discontinued on June 10, 2015. The Plaintiff lost the benefit of the due date of the payment of substitute payments to Nonparty Bank. Accordingly, on April 17, 2015, the Plaintiff subrogated to Nonparty Bank for the total amount of KRW 9,911,411,050 of the principal and interest of the Defendant Company’s substitute payments to Nonparty Bank, and paid KRW 38,154,100 as the cost of taking the measures for preserving the claim. 4) The Plaintiff’s overdue interest rate for small and medium enterprises

B. Defendant B’s property disposal, etc. 1) on December 26, 2014, Defendant C and the real estate indicated in the separate sheet owned by Defendant C (hereinafter “instant real estate”).

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