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(영문) 서울중앙지방법원 2015.06.11 2014가합578140
구상금 및 사해행위 취소의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 702,536,901 and KRW 696,601 among them, and KRW 696,601,691 on September 25, 2014.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff Company A (hereinafter “Defendant Company”)

) Nonparty 1 Bank Co., Ltd. (hereinafter “Korea Bank”)

(2) In order to secure the repayment of the principal and interest of a loan from the Defendant Company, a credit guarantee agreement between October 31, 201 and October 30, 201 (hereinafter “instant credit guarantee agreement”) stipulated in a credit guarantee agreement between October 31, 201 and the Defendant Company as the guaranteed amount of KRW 720,000,000, and the term of guarantee from October 31, 201 to October 30, 201.

(2) According to the credit guarantee agreement of this case, Defendant B and Nonparty E, at the time of the above credit guarantee agreement, jointly and severally guaranteed all obligations under the above credit guarantee agreement with the Plaintiff of the Defendant company. The above credit guarantee agreement was changed to KRW 684,00,000, and the term of guarantee was October 30, 2014. (2) According to the credit guarantee agreement of this case, when the Plaintiff was requested to discharge the guaranteed obligation from the creditor bank by the creditor bank due to the Plaintiff’s failure to repay the guaranteed obligation, the Plaintiff shall pay the above loan obligation on behalf of the Plaintiff, and the Defendant Company shall pay to the Plaintiff the damages for delay calculated by the amount of subrogation and the rate determined by the Plaintiff (12%) from the date of payment on behalf of the Plaintiff to the date of payment on behalf of the Plaintiff, and the expenses incurred by the Plaintiff

3) The Defendant Company received a loan of KRW 800,00,000 from the Bank as collateral. B. The Plaintiff’s performance of the Defendant Company’s guaranteed obligation incurred a credit guarantee accident that would lose the benefit of time on July 3, 2014, the Plaintiff paid KRW 696,601 to the Bank on September 25, 2014 and paid KRW 5,935,210 by subrogation to the Defendant Company for the preservation of the claim for reimbursement against the Defendant Company. (C) Defendant B, Defendant C, and D’s loan loan contract 1,00,000 to the Defendant B on February 29, 2012, and Nonparty F, the Defendant Company’s child, was the Defendant Company.

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