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(영문) 서울중앙지방법원 2016.05.10 2014가합578102
구상금 및 사해행위취소 등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 379,615,55 and KRW 378,002,312 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement with Defendant A on the same day (hereinafter “instant credit guarantee agreement”) with each of the following terms: (a) each of the credit guarantee agreements with the effect that the said Defendant guarantees the performance of the obligation to repay loans that the said Defendant would obtain from the National Bank; and (b) the same content as the description in the column of the “Guarantee Date,” the “Guarantee Principal,” and the “Guarantee Term”; and (c) Defendant B, the representative director of Defendant A

(2) Defendant A’s debt owed to the Plaintiff under the credit guarantee agreement of this case was jointly and severally guaranteed by Defendant A. According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation of Defendant A on February 23, 2015, according to the amount of the principal guaranteed on the date of guarantee (the term “original guarantee”) extended by 500,000,000 on February 25, 2010 (the term was amended by February 25, 2014) (the term was changed by February 25, 2014), Defendant B and Defendant B paid the Plaintiff the amount of the guaranteed obligation and the amount of the guaranteed obligation discharged to the Plaintiff from the date when the Plaintiff performed the guaranteed obligation until the date when the Plaintiff performed the guaranteed obligation, the amount of the guaranteed obligation discharged to the Plaintiff by 40,000,000 on February 23, 2015 (Alternative loan) multiplied by the Plaintiff’s penalty and the amount of the guaranteed obligation discharged to the Plaintiff as of February 121, 2012.

B. Defendant A’s loan and Plaintiff’s subrogation 1) the Plaintiff issued each credit guarantee statement to Defendant A with the same content as the instant credit guarantee agreement. Defendant A provided each of the above credit guarantee certificates as security and borrowed from the National Bank as stated in the table of “loan Amount” as stated in the foregoing A. However, on February 4, 2014, as a guarantee accident (national tax delinquency) occurred, the Plaintiff lost the benefit of each of the above loan obligations. (2) On October 16, 2014, the Plaintiff lost the benefit of time for each of the above loan obligations. (374,000,000 won to the National Bank under the instant credit guarantee agreement and interest thereon (378,002,312 won (=374,000,0000,000 won).

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