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(영문) 서울중앙지방법원 2016.04.29 2015가합502416
사해행위취소
Text

Defendant A and B jointly and severally against the Plaintiff KRW 1,497,730,141 and KRW 797,854,250 among them.

Reasons

1. Basic facts

A. On April 28, 2009, 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 A”) by setting a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) from April 28, 2009 to April 27, 2010 in order to secure the goods payment obligation against the Hyundai Steel Co., Ltd. (hereinafter referred to as the “former iron”). On the same day, the Plaintiff issued a credit guarantee agreement of this case to Defendant A in accordance with the first credit guarantee agreement of this case.

Defendant A provided the above credit guarantee form as security and received goods from the modern file.

B. On May 29, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A (hereinafter “the instant credit guarantee agreement”) with a view to securing the obligation to pay goods to Defendant A’s Korea Steel Co., Ltd. (hereinafter “Korea Steel”), setting a credit guarantee agreement between May 29, 2012 and May 28, 2013 (the period of the credit guarantee was changed from May 29, 2012 to May 28, 2014) (hereinafter “the instant credit guarantee agreement”). On the same day, the Plaintiff issued a credit guarantee agreement to Defendant A in accordance with the instant credit guarantee agreement.

Defendant A provided the said credit guarantee form as security and received goods from Korean Steel.

C. Under the first and second credit guarantee agreement of this case, the Plaintiff and Defendant A agreed to pay the Plaintiff the amount of subrogation, ② the damages for delay calculated at the interest rate set by the Plaintiff from the date the Plaintiff performed the guaranteed obligation to the date of full payment of the subrogated amount, ③ the expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation.

Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the present.

Defendant B pursuant to the first credit guarantee agreement of this case on April 28, 2009, Defendant A shall be the Plaintiff.

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