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(영문) 서울중앙지방법원 2018.07.27 2016가단5033557
사해행위취소
Text

1. As to Defendant A and B’s joint and several liability for KRW 85,174,774 and KRW 85,174,655 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on December 30, 2015.

Reasons

1. Basic facts

A. On June 4, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on June 3, 201 with the guaranteed principal of KRW 85,00,000, and the term of guarantee on June 3, 2016 (hereinafter “instant credit guarantee agreement”). At the time, Defendant B, the representative director of the Defendant Co., Ltd, guaranteed the Defendant Co., Ltd’s liability for indemnity against the Plaintiff under the said credit guarantee agreement.

The Defendant Company obtained a credit guarantee loan of KRW 100,000,000 from the Industrial Bank of Korea as security.

B. According to the above credit guarantee agreement, when the plaintiff performs the guaranteed obligation, the defendant company is obliged to pay to the plaintiff the amount of the guaranteed obligation and the damages for delay calculated at the interest rate set by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and the expenses incurred in the preservation and exercise of

C. The Defendant Company caused a credit guarantee accident that would lose the benefit of time on November 25, 2015 due to the Defendant Company’s failure to repay its obligations. On December 30, 2015, the Plaintiff repaid the Bank of Korea’s total amount of KRW 85,537,945 of the principal and interest of loans, on behalf of the Defendant Company, and collected KRW 363,290 on the same day, and collected KRW 363,290 on the same day, and the amount of finalized damages accrued until

On the other hand, on July 3, 2015, Defendant B entered into a mortgage agreement with Defendant C on the attached list (hereinafter “instant real estate”) with the maximum debt amount of KRW 200,000,00,00 with respect to the real estate as indicated in the attached list, as well as the mortgage agreement with Defendant B and Defendant C, the obligor B, and the mortgagee C (hereinafter “instant first mortgage agreement”). On July 7, 2015, Suwon District Court completed the registration of establishment of a mortgage as the receipt of the registration office of Sungwon-nam Branch Branch of Sung-nam Branch of Gwangju District on July 7, 2015, and concluded the registration with Defendant D on November 4, 2015 with the maximum debt amount of KRW 60,00,000,000 with respect to the instant real estate as well as Defendant B and Defendant D.

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