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(영문) 서울중앙지방법원 2015.08.19 2014가합542615
구상금 등 청구의 소
Text

1.(a)

On January 13, 2014, it was concluded between Defendant A and D with respect to each real estate listed in attached Tables 1, 2, and 3.

Reasons

The summary of the case is that the plaintiff seeks revocation and reinstatement on the ground that the sales contract between the defendant A and D, E, and the mortgage contract between the defendant C and E is a fraudulent act.

On March 9, 2009, F Co., Ltd. (hereinafter referred to as “F”) entered into a credit guarantee agreement with the Plaintiff on the premise that: (a) the Plaintiff entered into a credit guarantee agreement between the Plaintiff on March 9, 2009, which provides that KRW 1 billion of the guaranteed principal; and (b) the term of guarantee was changed to March 9, 2010; and (c) received loans from the Industrial Bank of Korea under a credit guarantee agreement issued on March 7, 2014.

(hereinafter referred to as “first guarantee”). G, whose representative director is F, his father E, and siblings D jointly and severally guaranteed the F’s obligation to the Plaintiff under the said credit guarantee agreement.

E entered into a credit guarantee agreement between the Plaintiff on February 5, 2008 with the term of guarantee principal of KRW 80 million and that of February 5, 2009 (which was finally changed on February 3, 2015) and received a loan of KRW 100 million from the Industrial Bank of Korea under a credit guarantee agreement with the Plaintiff on February 5, 209.

(hereinafter “Second Guarantee”). According to each credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the primary debtor and the joint guarantor shall pay the amount of the guaranteed obligation, damages for delay in accordance with the rate determined by the Plaintiff (12%) from the date of the performance of the guaranteed obligation, and legal procedure expenses incurred by the Plaintiff for the execution, preservation, and exercise of the obligation.

As a credit guarantee accident occurred on February 11, 2014 due to the failure of F to pay interest on loans related to No. 1 guarantee on February 11, 2014, the Plaintiff subrogated KRW 906,727,364 to the Industrial Bank of Korea on March 5, 2014.

In addition, the plaintiff paid KRW 6,342,896 to the legal procedure cost for preserving the execution of the claim for indemnity, but recovered KRW 175,829.

E on March 4, 2014, a credit guarantee accident occurs by delinquency of interest on loans related to the second guarantee.

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