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(영문) 서울중앙지방법원 2016.05.27 2015가합547532
구상금 및 사해행위취소 등 청구의소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 219,492,958 and KRW 219,492,742 among them.

Reasons

1. Basic facts

A. On July 17, 2009, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Company”) with respect to the loan obtained from Han Bank, with the Plaintiff’s credit guarantee principal of KRW 240 million, and the credit guarantee period from July 17, 2009 to July 16, 2010 (hereinafter “the instant credit guarantee agreement”), and issued a written credit guarantee agreement with the Defendant Company on the same day.

B. Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.

C. According to the instant credit guarantee agreement, when the Defendant Company violated its principal obligation, the Plaintiff may claim the principal of the credit guarantee principal in advance against the Defendant Company and B without any separate notice or peremptory notice. In the event that the Plaintiff fulfilled its credit guarantee obligation, the Defendant Company and B shall reimburse the Plaintiff for the amount of the Plaintiff’s performance of the guaranteed obligation and the damages for delay calculated at the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. The amount of damages for delay determined by the Plaintiff is 12%

The Defendant Company obtained a loan from Han Bank on July 17, 2009 by designating KRW 300 million as the due date for payment on July 16, 2010.

E. The repayment period of the Defendant Company’s loan to Han Bank was extended on a one-year basis thereafter, and the guarantee conditions of the instant credit guarantee agreement were also changed on a one-year basis. On July 11, 2014, the last changed credit guarantee principal is KRW 216 million, and the guarantee period is from July 11, 2014 to July 10, 2015.

F. Defendant B entered into a contract to donate the instant Real Estate No. 1 to Defendant C, who is the ASEAN on May 27, 2014 (hereinafter “instant donation contract”), and the Chuncheon District Court.

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