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(영문) 서울중앙지방법원 2019.04.22 2017가단5231921
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 52,591,168 and KRW 51,618,706 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on November 22, 2017.

Reasons

1. Basic facts

A. On August 2009, the Plaintiff is a “E Co., Ltd.” and “Defendant Co., Ltd.” (hereinafter referred to as “Defendant Co., Ltd.”).

(i) in order to guarantee the FF Bank’s obligations to the FF Bank, the amount guaranteed has been changed to KRW 95 million between the Defendant Company and the Defendant Company (or KRW 51 million thereafter);

(B) The term of guarantee was changed from August 4, 2010 to July 28, 2017.

The credit guarantee contract was entered into with the terms of the credit guarantee contract and the above guarantee contract was called the "contract of this case".

The defendant B guaranteed the debt of the defendant company under the above guarantee agreement.

In addition, according to the contract of this case, when the plaintiff performed the guaranteed obligation, the defendant company and B shall pay damages for delay in accordance with the interest rate set by the plaintiff from the date of the repayment of the guaranteed obligation to the date of full payment of the guaranteed obligation.

B. 1 On August 7, 2017, Defendant Company caused a credit guarantee accident that loses the benefit due to the “Notification of an accident in arrears by other agencies” with respect to the above loan obligation. Accordingly, on November 22, 2017, the Plaintiff subrogated the F Bank to pay the total amount of KRW 51,618,706.

2. Meanwhile, penalty for breach of contract under the instant guarantee agreement is KRW 307,950, the balance of subrogated payment is KRW 664,512, and the interest rate on delay damages is 10% per annum from February 1, 2016.

C. Defendant B, on July 5, 2017, referred to as “the instant real estate below the real estate indicated in Defendant C, D, and the separate sheet”

The contract to establish a mortgage (hereinafter referred to as the "mortgage contract") with a maximum amount of debt as 60 million won shall be referred to as the "mortgage contract of this case".

A) On July 14, 2017, Defendant C and D completed the registration of creation of a neighboring mortgage on the instant real estate on July 14, 2017. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 7 (hereinafter referred to as "numbers") including each number, Eul evidence 4, 5, and 6, and the purport of the whole pleadings.

2. According to the above facts of recognition of the claim against Defendant Company and B, the Defendant Company and B shall be jointly and severally liable.

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