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(영문) 서울중앙지방법원 2016.10.21 2015가단5161257
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 191,239,263 and KRW 191,238,685 among them.

Reasons

1. Determination on the cause of the claim

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) On June 10, 201, the Plaintiff entered into a credit guarantee agreement with the term of 190,000,000 won of the guaranteed principal, and by June 8, 2012, the term of guarantee (the term of guarantee thereafter is changed from June 4, 2015). Upon obtaining a credit guarantee certificate from the Plaintiff, Defendant B jointly and severally guaranteed the obligation under the above credit guarantee agreement against the Plaintiff by the Plaintiff. (2) According to the credit guarantee agreement in this case, the Plaintiff performed the above guaranteed obligation when the Plaintiff performed the guaranteed obligation, the Defendant A and the Defendant B paid the amount subrogated by the Plaintiff and the amount of damages determined by the Plaintiff from the payment date to the full payment date (14 per annum from December 26, 2014) to the payment date of the guaranteed obligation, the additional guarantee fee added to the guarantee rate from the date following the payment date of the guaranteed obligation to the payment date of the terminated guarantee fee to the payment date of the guaranteed obligation, and the Plaintiff paid the legal expenses incurred by the Plaintiff by performing the guaranteed obligation.

3) Defendant A delayed payment of interest and lost the benefit of time on November 13, 2014. Upon the Industrial Bank of Korea’s demand to discharge guaranteed liability, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 192,084,305 on December 26, 2014. Meanwhile, the Plaintiff collected part of the claim for reimbursement, and paid by subrogation for KRW 191,238,685, and the amount of final delay damages is KRW 578. (b) The case for deemed confession (Article 208(3)2 of the Civil Procedure Act)

C. Therefore, Defendant A and Defendant B jointly and severally filed with the Plaintiff 191,239,263 won (191,238,685 won) and 191,238,685 won among them, with 14% per annum from December 26, 2014 to July 29, 2015, which is the date of final delivery of the instant complaint, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment.

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