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(영문) 서울중앙지방법원 2014.10.31 2014가합549166
구상금 등
Text

1. Defendant A, B, C, and D jointly and severally against the Plaintiff KRW 170,90,823 and KRW 170,344,90 among them.

Reasons

1. Indication of claim;

A. On February 17, 2011, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the coverage amount of KRW 170,000,000. Defendant B, C, and D jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff under the said credit guarantee agreement.

B. The Defendant Company received a loan of KRW 200,00,000 from the Bank of Korea as a security of a credit guarantee certificate issued pursuant to the above credit guarantee agreement, and subsequently lost the benefit of time by delaying the repayment of the principal and interest of the loan.

C. On May 16, 2014, the Plaintiff subrogated to the Bank of Korea for KRW 172,125,000 (i.e., the principal amount of KRW 170,000,000) (i.e., KRW 2,125,000), recovered KRW 1,780,100 from the Defendant Company, and the Defendant Company collected KRW 585,00,00 from the amount of the collected amount, the claim for the final delay damages amount of KRW 585,00 was created, and paid KRW 645,338

The rate of damages for delay determined by the plaintiff is 12% per annum.

On the other hand, on October 21, 2013, Defendant B sold to Defendant E the real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only property of Defendant E (hereinafter “instant real estate”) for KRW 170,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer under Defendant E’s name.

E. Therefore, Defendant Company B, C, and D are jointly and severally liable to pay the remaining principal and interest of KRW 170,90,823 (i.e., KRW 172,125,00 - KRW 1,780,100 - KRW 585,338 - KRW 645,338) and damages for delay. The sales contract of this case should be revoked as it constitutes a fraudulent act. Meanwhile, since the sales contract of this case was concluded after the cancellation of the maximum debt amount of KRW 115,200,00 for the real estate of this case, it is impossible to restore the original state due to the cancellation of the right to collateral security of KRW 115,20,000 for the real estate of this case, Defendant E with compensation for damages for the remaining amount of KRW 74,00,000 after deducting the amount of secured debt of the real estate of this case from the market value of the real estate of this case.

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