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(영문) 서울중앙지방법원 2018.08.10 2017가합587695
사해행위취소
Text

1.(a)

The right to collateral security concluded on August 17, 2016 with regard to the real estate stated in the attached list between Defendant A and C.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement and a loan agreement with D Co., Ltd. (hereinafter referred to as “non-party company”), as listed below, entered into a credit guarantee agreement (hereinafter referred to as “each of the instant credit guarantee agreements”), and C, the representative director of the non-party company, guaranteed all of the obligations owed by the non-party company to the Plaintiff under each of the instant credit guarantee agreements.

The content of each credit guarantee agreement of this case from March 10, 2016 to December 30, 2016, 372,000,000 won in each of the credit guarantee agreements of this case from March 10, 2016 to December 30, 2016, from March 26, 2009 to March 25, 2010 (the extension to March 20, 2016) (the extension to March 20, 2016) was extended to 375,00,000 won in consideration of the performance rate of guaranteed liabilities, delay damages calculated by the Plaintiff, expenses incurred in the performance of guaranteed liabilities, and expenses incurred in the preservation, transfer and exercise of rights.

The Plaintiff issued a credit guarantee certificate to the non-party company in accordance with each of the credit guarantee agreements in this case. The non-party company provided each of the above credit guarantee certificates as security, and borrowed KRW 500,000,000 from G on March 26, 2009, and KRW 465,000,000 on March 10, 2016.

The occurrence of a credit guarantee accident and the plaintiff's subrogation caused a credit guarantee accident on August 20, 2016.

On September 30, 2016, pursuant to each credit guarantee agreement of this case, the Plaintiff subrogated for KRW 520,174,914 in total to G Co., Ltd. (= Principal KRW 514,50,000, KRW 5,674,914).

On the other hand, the plaintiff recovered KRW 2,345,920 from the non-party company on the same day, among which KRW 2,036,070 was appropriated for the principal and interest of the above guaranteed amount (the money was appropriated for substitute payment) and the balance of the principal and interest of the guaranteed amount was KRW 518,138,844 (=520,174,914 - KRW 2,036,070).

The Plaintiff incurred 2,345,920 won recovered as above.

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