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(영문) 서울중앙지방법원 2016.06.03 2015가단5338699
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 115,344,486 and KRW 114,039,996 among the Plaintiff and the Plaintiff’s KRW 114,039,96.

Reasons

1. Basic facts

A. (1) On September 5, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A, and then issued a credit guarantee agreement with Defendant A (hereinafter referred to as “Korea Bank”) with a view to issuing a credit guarantee agreement of KRW 85 million with the guaranteed principal (which shall be changed to KRW 685 million thereafter) and September 4, 2009 (which shall be extended to August 28, 2015 thereafter).

(2) Upon entering into a credit guarantee agreement with Defendant B on October 23, 2009, the Plaintiff provided a credit guarantee agreement with respect to the principal and interest to be borne by the company operating ordinary loan, and Defendant B provided a joint and several guarantee. After entering into a credit guarantee agreement with Defendant B on October 23, 2009, the Plaintiff provided a credit guarantee agreement on October 22, 2010 (up to June 19, 2015), a credit guarantee agreement on June 20, 2014 (up to June 19, 2015), and the credit guarantee agreement on June 20, 2014, and issued a credit guarantee agreement on June 19, 2015, Defendant B provided a credit guarantee agreement for each company operating general loan from Han Bank Co.,, Ltd. (hereinafter “A bank”).

3) According to the aforementioned credit guarantee agreement, when the Plaintiff performed each of the above guaranteed obligations, Defendant A and B, the guarantor, agreed to pay all of the incidental obligations, including the amount subrogated to the Plaintiff, damages after the date of performance, and the amount of guarantee fees for the amount not terminated from the date following the date of payment of the guarantee fees to the date of termination of the guarantee, including penalty calculated by adding a certain rate to the final applicable guarantee fee rate, and other legal procedural expenses paid on behalf of the Plaintiff. (B) Defendant A, the principal and interest of the principal, even though he/she lost the benefit due to natural substances, etc. on March 17, 2015, and the interest of the principal and interest of the principal were not repaid. Accordingly, Defendant B repaid to the Bank on October 12, 2015 by subrogation of Defendant A, KRW 70,125,516, May 20, 2015.

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