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(영문) 서울중앙지방법원 2015.08.19 2015가합511175
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 151,406,083 and KRW 147,838,323 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and subrogation due to the occurrence of a guarantee accident 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(1) On December 7, 2011, the Plaintiff and the Guarantee Principal of KRW 149,940,00,000, and the Guarantee Term of December 6, 2012 (the former Guarantee Principal of KRW 144,540,00,000, and the Guarantee Period of KRW 144,540,00, respectively changed on December 5, 2014.

(i) enter into a credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”);

(2) The Defendant B guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant credit guarantee agreement, which was issued by the Plaintiff and received 166,600,000 won from the Bank of Korea.

3) The credit guarantee agreement of this case is the principal when the Plaintiff fulfilled the guaranteed obligation under Article 10 (the defendant company; the same applies hereinafter).

A) The joint and several sureties and joint and several sureties provide that the Plaintiff shall pay damages for delay (Paragraph (1) 1 and 2), additional guarantee fees (Paragraph (1) 5), and other expenses incurred in the procedures for preserving the principal obligation (Paragraph (2) 2), which are calculated at the rate prescribed by the Plaintiff (14% a year from December 2, 2010 to the date of full payment) from the date of the performance of the guaranteed obligation to the date of full payment. Article 5(1) provides that when the Plaintiff breached the obligation to pay the principal obligation (Paragraph (1) 1), and when the Plaintiff requested the payment of the guaranteed obligation from the creditor of the credit guarantee (Paragraph 8), the Plaintiff may make a prior reimbursement without prior notice or demand for the principal and the joint and several sureties. (4) On September 10, 2004, the Plaintiff paid a credit guarantee accident caused by natural substances of the Defendant Company to the Bank of Korea on December 30, 2014, the Plaintiff paid interest of KRW 147,3838,34,3014,304

In addition, additional guarantee fees of KRW 218,590 have occurred due to the failure to perform the principal obligation of the Defendant Company, and KRW 25,850 has occurred among KRW 3,375,020 to preserve the claim for indemnity against the Defendants.

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