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(영문) 부산지방법원 2021.02.23 2020가단307876
사해행위취소
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Defendant A’s year from February 12, 2020 to March 16, 2020 with respect to KRW 17,951,137 among the Plaintiff and its members.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

2. Determination as to claims against Defendant B and C

A. Basic facts 1) On September 16, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant guarantee agreement”) under which the Plaintiff received a loan from Defendant D Co., Ltd. (hereinafter “D bank”) on the guarantee period for the obligation to repay the loan (hereinafter “the guarantee agreement”) and KRW 20,000,000 on September 2, 2015.

Defendant A submitted a credit guarantee under the instant guarantee agreement on the same day, and was loaned KRW 17,600,000 from D banks.

B) Defendant A did not pay the principal on August 31, 2019, and D bank notified the Plaintiff of a credit guarantee accident on September 2, 2019.

Accordingly, according to the instant guarantee agreement, the Plaintiff subrogated to D Bank KRW 17,951,137 of the loan principle on February 12, 2020 (i.e., KRW 17,600,000 interest of KRW 351,137).

C) According to the instant guarantee agreement, Defendant A is required to pay the Plaintiff the legal procedure cost incurred for the exercise or preservation of the claim for reimbursement when the Plaintiff performed the guaranteed obligation (Article 10); the legal procedure cost incurred by the Plaintiff is KRW 389,741; and the additional guarantee fee is required to be paid to the Plaintiff for the extinguished obligation when the Plaintiff did not perform the principal obligation within the given period (Article 3); and accordingly, the additional guarantee fee that the Defendant A has to pay to the Plaintiff is KRW 159,120.

D) At the time of the conclusion of the instant guarantee agreement, the Plaintiff and Defendant A paid damages for delay on the subrogated amount at the rate determined by the Plaintiff, if the guaranteed obligation is performed. The Plaintiff’s delayed damages rate is 10% per annum.

2) Defendant A to establish a mortgage contract between the Defendants on August 2019.

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