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(영문) 서울중앙지방법원 2016.10.28 2015가단5305453 (1)
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On April 4, 2013, the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) entered into a credit guarantee agreement with the Nonparty Company A (hereinafter “Nonindicted Company”) and issued a credit guarantee agreement with the Nonparty Company as of April 30, 2015, with the term of guarantee as of April 30, 2015. The Nonparty Company provided a credit guarantee for the principal and interest to be borne by the Nonparty Company by receiving a loan from the Bank of Korea (hereinafter “Korea Bank”). On April 3, 2015, prior to the expiration of the said guarantee period, the said credit guarantee agreement was renewed on April 1, 2016.

B. According to the above credit guarantee agreement, when the supplementary intervenor performed the above guaranteed obligation, the non-party company paid to the supplementary intervenor all the incidental obligations such as the amount subrogated by the supplementary intervenor, damages after the date of performance, and the amount of guarantee fees for the amount of the guaranteed obligation not terminated by the supplementary intervenor from the day following the date of payment of the guarantee fees for the amount of the guaranteed obligation not terminated to the day before the expiration date of the guarantee, additional guarantee fees calculated by adding a certain percentage of the existing guarantee fee

C. D, upon entering into the aforementioned credit guarantee agreement, jointly and severally guaranteed all obligations owed by the non-party company to the supplementary intervenor.

On April 6, 2015, a non-party company lost its interest due to overdue interest, etc. but did not pay the above principal and interest of loan. A subsidy intervenor paid KRW 180,944,316 to our bank on August 28, 2015, in subrogation of the non-party company.

E. The agreed damages rate determined by the Intervenor with respect to the amount of subrogation is 17% per annum from December 30, 1996 to December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015.

F. The Intervenor recovered KRW 690,840 out of the amount of subrogation, thereby causing the amount of damages of KRW 227.

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