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(영문) 서울중앙지방법원 2018.01.26 2017가합532510
구상금 및 사해행위 취소 등의 소
Text

1. Defendant Fisheries Company A and B are jointly and severally liable to the Plaintiff for KRW 260,009,038 and KRW 255,615,876.

Reasons

1. Basic facts

A. The Plaintiff and Defendant Fisheries Company A and B (hereinafter “Defendant A”) concluded a credit guarantee agreement and joint and several guarantee agreement between the Plaintiff and Defendant Fisheries Company A and the Plaintiff Company A (hereinafter “Defendant A”).

In order to guarantee the repayment of principal and interest of loans that Defendant A received from the Suhyup Bank, the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) is concluded between Defendant A and a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) by December 15, 2015, with the guarantee period of KRW 253,600,000 as of December 15, 2015, and the guarantee period of December 13, 2016 (up to December 12, 2016, as of March 13, 2017).

After the conclusion of the credit guarantee agreement, Defendant A issued a credit guarantee certificate to Defendant A, and at the time, Defendant B guaranteed the obligation under the credit guarantee agreement of this case to the Plaintiff. (2) According to Article 6(1)9 of the credit guarantee agreement of this case, in the event that the Plaintiff receives the notification of occurrence of non-performing causes from the Suhyup Bank, Defendant A and B are obliged to pay the Plaintiff the guaranteed amount of the credit guarantee agreement of this case even without the Plaintiff’s peremptory notice.

3) On February 14, 2017, Defendant A borrowed KRW 317,00,000 from the Suhyup Bank as a collateral with a credit guarantee certificate issued by the Plaintiff, on December 15, 2015, Defendant A, on February 14, 2017. The occurrence of a credit guarantee non-performing (the commencement of compulsory auction against Defendant A) occurred to Defendant A. On March 3, 2017, Suwon Bank notified the Plaintiff of the occurrence of a non-performing credit guarantee cause by Defendant A.

5) On June 30, 2017, pursuant to the credit guarantee agreement of this case, the Plaintiff subrogated the Defendant A’s debt amounting to KRW 255,615,876 (i.e., principal amounting to KRW 253,60,00,000) (i.e., KRW 2,015,876). Accordingly, the Plaintiff’s claim for reimbursement against the Defendant A and B was calculated on June 255,615,575,79,790 by subrogation amounting to KRW 2,817,372 (i.e., substitute penalty amounting to KRW 2,878,46) (i.e., substitute payment amounting to KRW 260,09,00) and the subrogated payment amount to KRW 25,615,038,038 and the subrogated payment amount to KRW 260,005,615,786.

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