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(영문) 수원지방법원 2017.04.27 2016가단511111
사해행위취소 등
Text

1. Defendant A Co., Ltd, B, C, and D are jointly and severally liable to the Plaintiff for KRW 181,515,945 and KRW 180,570,695 among them.

Reasons

Basic Facts

On March 22, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) on the credit guarantee principal as to the credit guarantee amount of KRW 195 million against the said company’s new bank, and up to March 21, 2014, with regard to the credit guarantee period of KRW 230 million, the Plaintiff agreed to pay to the Plaintiff the amount of subrogation and its additional guarantee fee calculated at the ratio as determined by the Plaintiff’s subrogation from the date of subrogation, and the legal procedural expenses paid by the Plaintiff for the purpose of preserving the claim for reimbursement.

Defendant B, C, and D respectively jointly and severally guaranteed liability for indemnity to be borne by Defendant A to the Plaintiff in accordance with the credit guarantee agreement in this case.

Defendant A received a loan from a new bank on the basis of a credit guarantee certificate issued pursuant to the credit guarantee agreement in this case, but lost the benefit of the loan due to interest and delinquency in principal on November 22, 2015.

The Plaintiff subrogated 180,570,695 won to the new bank on February 23, 2016 in accordance with the instant credit guarantee agreement.

Meanwhile, in order to secure the claim for indemnity of this case, the balance of the legal procedure cost that the Plaintiff paid by delay is KRW 945,250, and the rate of damages determined by the Plaintiff is 12% per annum.

On November 11, 2015, Defendant D sold each real estate listed in the separate sheet to Defendant F and G (hereinafter “instant sales contract”) on the same day, Defendant D completed the registration of ownership transfer (i.e., public share 1/2) to the said Defendants on the same day.

[Grounds for Recognition] A, B, D, and C are based on the facts without dispute, Gap 1 through 10 (including virtual numbers, and Gap 4, 9 are excluded), and 20 evidence, the purport of the whole pleadings, and the facts of the above recognition as to the claims against defendant A, B, D, and C.

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