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(영문) 서울중앙지방법원 2015.05.28 2014가합515736
구상금 및 사해행위취소 등
Text

1. Defendant A Co., Ltd., Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 162,397,627 and KRW 161,842,587 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) on July 21, 201, in order to guarantee the payment of the principal and interest of loans from our bank, by setting a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) up until July 20, 2012 (i.e., the guaranteed amount of KRW 180,000,000 with the Defendant Company and the guaranteed amount of KRW 160,000,000,000, and the guaranteed period of KRW 18,18, 2014). The Defendant Company received a loan from the Korean bank as collateral on the same day.

B. At the time of the above credit guarantee agreement, Defendant B and Defendant C jointly and severally guaranteed all the obligations under the credit guarantee agreement against the Plaintiff of the Defendant Company. When the Defendant Company violated or discontinued its principal obligation, or did not conduct its business for not less than three consecutive months, the Plaintiff agreed that the Plaintiff may recover in advance the amount guaranteed by the Plaintiff without any separate notice or peremptory notice against the Defendant Company and its joint and several sureties.

C. On September 24, 2013, the Defendant Company delayed payment of interest and caused a credit guarantee accident. On January 2, 2014, the Plaintiff subrogated to the Bank for KRW 160,00,000 as principal and interest KRW 3,69,297, total amount of KRW 163,69,297.

On January 2, 2014, the Plaintiff appropriated the subrogated amount of KRW 1,856,710 collected from the Defendant Company for the repayment of principal, and the subrogated amount of KRW 161,842,587 remains. The fixed amount of damages for recovery is KRW 610,00,000, the amount of subrogated payment paid by the Plaintiff for the preservation of the claim for reimbursement against the Defendant Company is KRW 554,430, and the rate of damages for delay determined by the Plaintiff is KRW 15,00 per annum from December 1, 2012 to December 1, 2012.

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

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