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(영문) 서울중앙지방법원 2018.10.25 2018가합500527
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 756,143,644 and KRW 241,878,102 among them, Defendant A and B’s joint and several liability for damages incurred.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by taking into account the whole purport of the pleadings in each entry in Gap evidence of subparagraphs 1 through 8 (including each number, if any).

On October 7, 2016, including the conclusion of a credit guarantee agreement, the Plaintiff entered into each credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with Defendant A Co., Ltd. as listed in the following table, and Defendant B jointly and severally guaranteed all of the obligations that Defendant A Co., Ltd owes to the Plaintiff pursuant to each of the instant credit guarantee agreements.

In each of the credit guarantee agreements of the new bank between October 7, 201 and October 2, 2017, the guarantee period of the guaranteed amount under an agreement of the No. 50,000,000 won from October 7, 2016 to October 7, 2017, the Industrial Bank of Korea from October 2017, 2016, KRW 240,000,000 to October 7, 2016, and the new bank between October 7, 2016 and October 2, 2017, the Defendant A Co., Ltd. requires the Plaintiff to pay to the Plaintiff the amount of the guaranteed amount discharged, the amount of the guaranteed amount calculated by the Plaintiff’s interest rate, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right.

The Plaintiff issued each credit guarantee form to Defendant A in accordance with each of the instant credit guarantee agreements, and Defendant A Co., Ltd provided each of the above credit guarantee certificates as collateral and received 600 million won from the Industrial Bank of Korea and 300 million won from the new bank on October 2, 2017, respectively.

Defendant A Co., Ltd., including the Plaintiff’s subrogation, failed to pay interest on loans to a new bank from September 2017, and failed to repay the principal and interest of loans despite the expiration date of each of the above loans.

On October 30, 2017, according to each credit guarantee agreement of this case, the Plaintiff respectively subrogated to the new bank for KRW 241,878,102 (= Principal KRW 1,878,102) and KRW 513,610,003 in the Industrial Bank of Korea on November 13, 2017 (= Principal KRW 510,000,000).

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