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(영문) 서울중앙지방법원 2017.10.13 2017가단5052524
사해행위취소
Text

1. As to KRW 86,713,031 and KRW 86,037,850 among the Plaintiff’s joint and several liability for Defendant A, B, and C, Defendant A, and C, respectively, on November 23, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on November 18, 2013, and the Plaintiff is the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

(B) By November 17, 2014, the coverage amount of KRW 85 million, and the term of guarantee was extended by November 16, 2016.

At the time, Defendant B and C concluded a credit guarantee agreement. At the time, Defendant B and C jointly and severally guaranteed the Defendant Company’s obligation under the said credit guarantee agreement. (2) Under the said credit guarantee agreement, the Defendant Company agreed to pay the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, the rate and calculation method as determined by the Plaintiff from the date of repayment to the date of repayment, the amount of loss calculated by the Plaintiff’s performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right

3) The Defendant Company was granted a loan of KRW 85 million from the Industrial Bank of Korea under the Plaintiff’s credit guarantee, but lost the benefit of time due to interest delinquency, etc., and the Plaintiff paid KRW 86,037,850 to the Industrial Bank of Korea on November 23, 2016 and performed the guaranteed obligation. 4) The Plaintiff’s interest rate for delay in the indemnity obligation as determined by the Plaintiff was 12% per annum from June 1, 2015, and the additional guarantee fee to be paid by the Defendant Company was 33,530 won, and the substitute payment, such as legal procedure cost, etc., paid by the Plaintiff to secure the claim for reimbursement after performing the guaranteed obligation, is 641,

B. (1) On June 30, 2016, the Defendant Company’s act of disposal of the Defendant Company’s dispositive act (hereinafter “instant real estate”) between Defendant B and Defendant D, the representative of the Defendant Company, and the real estate indicated in the separate sheet owned by the Defendant Company (hereinafter “instant real estate”).

As to the maximum debt amount of KRW 65 million, the right to collateral security (hereinafter “instant right to collateral security”) shall be deemed as the “mortgage”).

(1) The establishment of a contract was concluded, and the establishment of a new establishment was completed to Defendant D on July 1, 2016 as the registration office of the branch court of Suwon District Court for the branch court of Sungnam branch. [The grounds for recognition of Defendant Company, Defendant B, and C: Civil Procedure Act.]

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