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(영문) 서울중앙지방법원 2019.10.24 2019가합518860
구상금, 사해행위취소 청구의 소
Text

1. As to KRW 263,601,527 and KRW 263,192,428 among the Plaintiff, Defendant A’s year from March 8, 2019 to April 8, 2019.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on July 13, 2018, and the Plaintiff is C Co., Ltd. (hereinafter “C”).

A) In addition, C entered into a credit guarantee agreement with the Industrial Bank of Korea as of July 12, 2019 in order to guarantee the payment of principal and interest guaranteed by the Industrial Bank of Korea’s loan for small and medium enterprise loans, and the Defendant A, the representative director of C’s C, guaranteed the Plaintiff’s obligation under the said credit guarantee agreement. (2) The said credit guarantee agreement stipulates that, when the Plaintiff fulfilled the guaranteed obligation on behalf of C, Defendant A, a joint and several surety, shall pay to the Plaintiff the amount of the guaranteed obligation, ② damages for delay calculated at the rate determined by the Plaintiff (10%) from the date of the repayment of the guaranteed obligation to the date of the repayment of the guaranteed obligation, ③ the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation.

In addition, the above credit guarantee agreement can be claimed in advance without prior notice or demand when there is an application for commencement of bankruptcy procedures by C, and in this case, the defendant A, a joint guarantor, bears the obligation to repay in advance without objection.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) obtained a loan from the Industrial Bank of Korea as security. On December 31, 2018, C applied for the commencement of bankruptcy proceedings under the Debtor Rehabilitation and Bankruptcy Act (Seoul Rehabilitation Court 2018Hahap100488), thereby causing a credit guarantee accident that may lose the benefit of the loan. Accordingly, C was declared bankrupt on February 15, 2019. 2) Accordingly, on March 8, 2019, upon subrogation of C as a guarantor under the said credit guarantee agreement, the Plaintiff repaid C the total amount of KRW 264,46,668 of the principal and interest of C’s loan to the Industrial Bank of Korea.

The plaintiff collected KRW 1,274,240 on the same day and collected KRW 263,192,428 = 264,466.

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