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Reasons
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(영문) 서울중앙지방법원 2017.02.08 2016가합526396
사해행위취소
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1. As to Defendant A, B, C, D, and E, jointly and severally with the Plaintiff KRW 784,30,30 and KRW 779,93,132 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant credit guarantee agreement on March 31, 2015, and Defendant A Co., Ltd. (hereinafter “A”).

between the above Defendant’s National Bank (hereinafter “National Bank”)

(2) In order to secure the repayment of the principal and interest of loans, a credit guarantee agreement shall be set at KRW 794,40,000, the guaranteed amount of loan plus KRW 993,00,000,000, the estimated amount of loan (hereinafter “credit guarantee agreement of this case”).

(2) Defendant B, C, D, and E jointly and severally guaranteed the obligation of Defendant A to the Plaintiff according to the instant credit guarantee agreement. (2) Defendant A was granted a loan of KRW 993,00,000 from the National Bank as security for the said credit guarantee agreement.

3) Under the credit guarantee agreement of this case, where the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, Defendant A is liable to reimburse the Plaintiff. Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal fails to discharge the principal obligation within the period of discharge of the principal obligation, the penalty calculated by multiplying the guaranteed obligation by the rate of 0.5% which is calculated by adding the rate of guarantee rate to the amount of the guaranteed obligation which has not been performed, to the rate of 0.5%, shall be paid. Article 10 (Repayment Scope) (1) In the event the Plaintiff performs the guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amount: Provided, That the joint guarantor as defined in Article 2 subparagraph 1 of the Special Act on the Protection of the Guarantee

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. sub-paragraph 3.

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