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(영문) 서울중앙지방법원 2020.12.23 2019가단5249971
사해행위취소
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 80,277,388 and KRW 79,620,198 among them.

Reasons

1. Basic facts

A. On December 18, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) with the term of “Defendant Co., Ltd.”) on the guarantee principal of KRW 91.8 million (hereinafter referred to as KRW 78,625,00,000), and on December 16, 2016 (Extension to December 13, 2019) (hereinafter referred to as the “instant credit guarantee agreement”). Defendant B and C jointly and severally guaranteed the Defendant Co., Ltd’s liability for indemnity against the Plaintiff.

B. Defendant Company received a loan from E Co., Ltd. (hereinafter “E”) with a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement.

(hereinafter “instant loan”). C.

Although Defendant Company did not meet its obligation to pay the principal and interest of loan due to delay in paying the principal and interest of loan to E, and the Plaintiff paid the principal and interest of KRW 79,620,198 by subrogation of Defendant Company on October 4, 2019 according to credit guarantee.

The rate of delay damages for an amount of subrogation between the Plaintiff and the Defendant is 12% per annum from the date of the conclusion of the credit guarantee agreement in this case to January 31, 2018, and 10% per annum from February 1, 2018.

Of the legal procedure costs incurred by the Plaintiff to secure the liability for reimbursement against the Defendant Company, the balance is KRW 657,190.

Defendant B borrowed KRW 20 million from Defendant D on February 18, 2016, and KRW 20 million on July 10, 2018, and KRW 25 million on December 4, 2018. Around June 2019, Defendant B, etc. was refused to grant a loan from a financial institution, etc. on the ground that, in the event that Defendant Company’s loans to Defendant Company Company’s Corporate Bank are not repaid, the finance of the Defendant Company would be bad and the personal debt of Defendant B would be high. Defendant B requested Defendant D to additionally lend KRW 25 million to Defendant D. instead, Defendant B would be paid the instant real estate in lieu of KRW 130 million to Defendant D, and Defendant D would be paid the maximum debt amount of the F.C. established on the instant real estate, and the secured debt of the F.C. and the secured debt amount of KRW 36 million on the instant real estate.

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