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(영문) 서울중앙지방법원 2017.05.25 2016가합546772
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 242,238,980 and KRW 210,385,366.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a credit guarantee agreement and joint and several sureties 1)

(2) The terms and conditions of the credit guarantee agreement to guarantee the Defendant Company’s financial institution’s loan obligations within the scope of the guaranteed principal as set out below (hereinafter “each of the instant credit guarantee agreements”).

A) Defendant B, the representative director of the Defendant Company, concluded a contract. Defendant B, the representative director of the Defendant Company, obtained each amount of joint and several surety obligation against the Plaintiff in the form of a new loan and credit guarantee agreement issued by the Plaintiff on July 16, 2014 (by July 15, 2016) from the new bank of Korea, 40,000,000 (by July 15, 2016) on July 16, 2014, the first guarantee principal guarantee term of the Defendant Company’s credit guarantee term of the Defendant Company (original guarantee term). The Defendant Company received each amount of joint and several surety obligation against the Plaintiff on July 16, 2014 (by July 15, 2016) from the new bank of Korea 260,000,000,0000, in accordance with the respective credit guarantee agreements of this case.

3) According to each of the credit guarantee agreements in this case, Defendant B, a joint guarantor of Defendant Company and its joint guarantor, (i) was notified by the creditor of the above credit guarantee agreement in the event that the Plaintiff was notified of the occurrence of defective credit guarantee causes, such as overdue interest, etc. from the creditor of the above credit guarantee agreement, he shall bear an obligation in advance to the amount guaranteed by the Plaintiff (Article 6). (ii) When the Plaintiff was discharged from the guaranteed obligation, he shall immediately repay the amount of the guaranteed obligation and damages for delay in accordance with the interest rate determined by the Plaintiff within the limit of 25% per annum under Article 35 of the Credit Guarantee Fund Act from the date the guaranteed obligation was discharged to the Plaintiff (Article 10). Meanwhile, the rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016. (ii) The Defendant Company caused a credit guarantee accident by delinquency in principal and interest as

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