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(영문) 서울중앙지방법원 2016.12.06 2015가단5364452
구상금 및 사해행위취소
Text

1. As to the Plaintiff’s joint and several costs of KRW 192,608,491 and KRW 190,251,846 among the costs, Defendant A and B shall jointly and severally serve as the Plaintiff from September 21, 2015 to September 2015.

Reasons

1. Facts of recognition;

A. (1) On August 8, 2011, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A, who operated E on August 8, 201, with the content that the principal and interest of the loans that Defendant A would receive from Han Bank, shall be KRW 270,00,000,000, and the credit guarantee period shall be from August 8, 201 to August 7, 2012 (hereinafter “instant credit guarantee agreement”).

(2) Under the credit guarantee agreement of this case, Defendant B (Defendant A) jointly and severally guaranteed all the obligations of Defendant A, which are currently or future, pursuant to the credit guarantee agreement of this case. On August 7, 2015, the initial guarantee period was changed to 270,00,000 won on August 7, 2015, and the initial guarantee amount was changed to 189,000,000 won, respectively. 2) Under the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation due to the Plaintiff’s failure to perform the obligation to pay the guaranteed obligation to the Plaintiff, the Defendant agreed to pay without delay the agreed damages calculated by the agreement of the Plaintiff from the date of subrogation to the date of full payment (12% per annum from December 1, 2012 to the date of full payment) and the guarantee fee and administrative fine calculated by the Plaintiff with respect to the remainder of the principal obligation of the Plaintiff during the period from the following day to the date of subrogation.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) Defendant A provided a credit guarantee agreement based on the instant credit guarantee agreement as security and entered into a credit transaction agreement with Han Bank with a principal of KRW 300 million on August 8, 201, and received the said amount. (2) A’s credit status has deteriorated due to the decline in sales sales of E operated by Defendant A, and the occurrence of a guarantee accident for which the term of guarantee under the instant credit guarantee agreement has expired on August 7, 2015.

Therefore, the Bank shall discharge the guaranteed obligation to the Plaintiff on the basis of the credit guarantee.

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