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(영문) 서울중앙지방법원 2019.09.20 2019가단5074870
사해행위취소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 184,466,085 and KRW 183,074,545 among them, respectively.

Reasons

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the content that the Defendant Company’s debt to Defendant A Co., Ltd. (hereinafter “Defendant Company”) is fixed and guaranteed as the guaranteed amount of KRW 180,00,000 and the guarantee period until April 3, 2015 (the extension to March 29, 2019 thereafter) (hereinafter “the instant credit guarantee agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s debt owed to the Plaintiff pursuant to the said credit guarantee agreement.

B. On July 12, 2018, Defendant B entered into a mortgage agreement with Defendant C (hereinafter “instant agreement”) with regard to the real estate indicated in the separate list owned by it (hereinafter “instant real estate”), and completed the registration of establishment of a mortgage with Defendant C with the maximum debt amount of KRW 40 million (hereinafter “registration of the instant mortgage”).

C. The Defendant Company did not repay the loan to the Bank, and the Plaintiff subrogated for KRW 183,074,545 to the Bank on March 28, 2019, and the amount of subrogated payment is KRW 1,391,540 per annum until March 31, 2019, and KRW 8% per annum from April 1, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the claim against the Defendant Company and B

A. According to the facts of the determination as to the cause of the claim, according to the credit guarantee agreement of this case, the defendant company and Eul jointly and severally with the plaintiff 184,46,085 won in total, and 183,074,545 won in subrogation and substitute payment, 10% per annum, which is the agreed delay damages rate from March 28, 2019 to March 31, 2019, and 8% per annum, which is the agreed delay damages rate from April 1, 2019 to April 11, 2019; Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 12, 2019 to May 31, 2019; the main sentence of Article 3(1) of the former Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 25186, May 26, 2019).

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