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(영문) 서울중앙지방법원 2015.11.25 2015가합518961
사해행위취소
Text

1. As to the Plaintiff’s joint and several costs of KRW 241,603,797 and KRW 240,341,597, Defendant A and B from October 31, 2013 to May 2015.

Reasons

1. Basic facts

A. On January 10, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A, including the credit guarantee principal amount of KRW 238,00,000,00, and the credit guarantee period from January 10, 2012 to January 9, 2013 (hereinafter “instant agreement”). On the same day, according to the instant agreement, the Plaintiff issued to Defendant A a written credit guarantee agreement with the guarantee period of KRW 238,00,000 (credit amount of KRW 280,000,000,000), and January 9, 2013 (this guarantee period was changed to January 9, 2014). Defendant A received a loan of KRW 280,000,000 from the Industrial Bank of Korea as collateral (hereinafter “instant loan”).

On the other hand, Defendant B guaranteed the obligation to be borne by Defendant A to the Plaintiff in accordance with the instant agreement.

B. According to the agreement of this case, when the plaintiff performed the guaranteed obligation, the debtor and the joint guarantor have to pay to the plaintiff the amount of the performance of the guaranteed obligation, damages by the rate set by the plaintiff from the date of the performance of the guaranteed obligation until the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and penalty

C. After that, around October 7, 2013, the Plaintiff was notified by the Industrial Bank of Korea that Defendant A caused a credit guarantee accident due to a natural body on September 10, 2013. On October 31, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 240,934,957 (i.e., principal amount of KRW 238,934,957) (i.e., principal amount of KRW 238,000,000), and collected KRW 593,360 out of the subrogated amount on the same day.

On the other hand, with respect to recovered KRW 593,360, the final damages of KRW 195 were incurred, and KRW 1,268,471 was incurred as the expenses for the preservation of claims. Of the above expenses for the preservation of claims, KRW 6,466 was recovered and the remaining expenses for the preservation of claims are KRW 1,262,05 (= KRW 1,268,471 - KRW 6,466).

(e).

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