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(영문) 서울중앙지방법원 2017.08.24 2016가합577479
사해행위취소
Text

1. As to KRW 397,894,188 and KRW 396,222,611 among the Plaintiff, Defendant A shall be from April 7, 2016 to December 22, 2016.

Reasons

1. Basic facts

A. 1) On October 8, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, and the Plaintiff issued a letter of credit guarantee with the guarantee number C, the guaranteed principal of KRW 144,50,000 (which shall be changed to KRW 136,00,000 thereafter) and the guarantee period until October 7, 2014 (which shall be extended by October 7, 2015 thereafter) (hereinafter “the first guarantee agreement in this case”).

(2) On December 19, 2013, upon entering into a credit guarantee agreement and issuing a credit guarantee agreement up to January 27, 2020 with a guarantee number D, a guarantee principal of KRW 260,00,000, and a guarantee period of KRW 27, 2020 (hereinafter “instant secondary guarantee agreement”).

(3) The Daegu Bank Co., Ltd. (hereinafter referred to as the “Tgu Bank”)

(2) As to the principal and interest to be borne by the Plaintiff upon receiving a loan equivalent to each of the above amounts, Defendant A provided each credit guarantee to the Daegu Bank with each of the above respective guarantee agreements. As a security, Defendant A provided each of the above guarantee agreements with KRW 170,00,000, and KRW 325,000,000 on October 8, 2013, and KRW 325,000 on December 19, 2013. (2) Each of the instant guarantee agreements provided that, if the Plaintiff performed the guaranteed obligation, Defendant A shall pay the principal and interest paid by the Plaintiff on behalf of the Plaintiff in accordance with the legal procedures, such as the execution and preservation of the Plaintiff’s claim (within the limit of 25 per annum) and any of the expenses incurred by the Plaintiff in the legal procedures, such as execution and preservation of the claim, as well as damages for delay. In the event that Defendant A filed an application for rehabilitation procedures, bankruptcy procedures, and commencement of individual rehabilitation procedures, Defendant A provided that the Plaintiff shall bear the obligation to the amount of guarantee.

Meanwhile, from February 1, 2016, the Plaintiff set the rate for delay damages as 10% per annum.

B. On February 25, 2016, Defendant A filed an application for commencing rehabilitation procedures with the Daegu District Court.

(2016dan103). Accordingly, on April 7, 2016, the Plaintiff’s subrogation of Defendant A to Daegu Bank on April 7, 2016 = KRW 398,835,112 of the principal and interest of loans under each of the instant guarantee agreements = the instant first instance.

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