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(영문) 서울중앙지방법원 2014.06.20 2013가합504029
구상금 및 사해행위취소
Text

1. Defendant A and B jointly and severally with E Co., Ltd. for KRW 229,716,810 and KRW 228,492,150 among them

Reasons

1. The following facts are deemed to have been led by the above defendant pursuant to Article 150(3) and (1) of the Civil Procedure Act among the plaintiff and the defendant Eul, and each of the descriptions of Gap evidence Nos. 1 through 8 and 11 between the plaintiff, the defendant, the defendant, and the defendant Eul are acknowledged by considering the overall purport of the arguments.

A. 1) On February 25, 2010, the Plaintiff entered into a credit guarantee agreement, etc., and the E Co., Ltd. (hereinafter “E”).

B) Between the amount of security deposit and a credit guarantee agreement between February 25, 2010 and February 24, 2011 (hereinafter referred to as “the instant credit guarantee agreement”) providing a credit guarantee agreement between February 25, 201 and KRW 250 million (the amount shall be reduced to KRW 224 million after the delay) and the credit guarantee period (the extension from February 25, 2010 to August 24, 201) (hereinafter referred to as “instant credit guarantee agreement”).

(2) At the time of the conclusion of the aforementioned credit guarantee agreement, E agreed to pay the Plaintiff the amount of subrogation and the amount of delay calculated at the rate determined by the Plaintiff (15% per annum from February 25, 2010 to November 30, 2012, and 12% per annum from December 1, 2012), and the expenses paid by the Plaintiff for the purpose of preserving the claim for reimbursement. (2) Meanwhile, at the time of the conclusion of the said credit guarantee agreement, Defendant A and B jointly and severally guaranteed all the obligations owed to the Plaintiff by the Plaintiff.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation E obtained a loan of KRW 300 million from the Industrial Bank of Korea as collateral, and then incurred a credit guarantee accident around June 29, 2012. On August 24, 2012, the Plaintiff subrogated the Industrial Bank of Korea for KRW 228,492,150.

In addition, the Plaintiff paid the substitute payment of KRW 1,224,660 due to the measures for preserving claims against E, etc.

C. Defendant A’s disposal act, etc. 1) Defendant A’s real estate indicated in the separate sheet that he/she owned (hereinafter “instant real estate”) around June 11, 2012.

The sales contract with Defendant C and D for each of one-half shares (hereinafter “instant sales contract”).

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