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(영문) 서울고등법원 2016.01.13 2015나2033685
구상금 및 사해행위취소 등
Text

1. Of the judgment of the first instance, the part against the defendant, including the plaintiff's claim changed at the trial court, is as follows.

Reasons

1. Basic facts

A. On July 21, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial on July 20, 201, to guarantee the payment of the principal and interest of loan, and to guarantee the payment of the principal and interest of loan, until July 20, 2012 (the amount guaranteed after this was changed to July 18, 2014) (hereinafter “the instant credit guarantee agreement”). A obtained a loan of KRW 200,000,000 from the Korean bank as collateral.

B. Co-Defendant B and C (hereinafter “B”) of the first instance trial agreed that, at the time of the aforementioned credit guarantee agreement, a joint and several surety for all the obligations of the Plaintiff under the credit guarantee agreement against the Plaintiff was jointly and severally guaranteed by the Plaintiff, and the Plaintiff agreed that, in the event that A violated or discontinued its principal obligation, or fails to conduct its business for not less than three consecutive months, the Plaintiff may compensate for the amount guaranteed by the Plaintiff without any separate notice or peremptory notice to A and its joint and several surety.

C. A delayed payment of interest on September 24, 2013, resulting in a credit guarantee accident. On January 2, 2014, the Plaintiff subrogated to the Bank for KRW 160,000 as principal and interest KRW 3,69,297 as principal and interest KRW 163,69,297 as total, and KRW 163,69,297 as principal and interest.

On January 2, 2014, the Plaintiff appropriated the amount of 1,856,710 won by subrogation collected from A for the repayment of principal and led to 161,842,587 won as the amount of subrogation. The amount of finalized damages for the amount of recovery is 610 won. The amount of subrogated payment paid by the Plaintiff for the preservation of the amount of indemnity claim against A is 54,430 won, and the amount of delay compensation determined by the Plaintiff is 15% per annum at the time of the credit guarantee agreement in this case and 12% per annum from December 1, 2012 to the present.

E. B: (a) on August 20, 2013, the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole real estate (hereinafter “instant real estate”) for KRW 195,00,000 to the Defendant, who is the title of middle school, at KRW 195,00.

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