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(영문) 서울중앙지방법원 2021.02.25 2020가단5220396
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 16,116,775 and KRW 2,399,132 from April 2, 2020 to KRW 13,29,968.

Reasons

1. Basic facts

A. On June 12, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A on June 12, 2015 with respect to the gold obligations under the loan doctrine that the said Defendant owes to D Co., Ltd. (hereinafter “D”), which is set forth as the credit guarantee agreement on June 11, 2020 based on the guarantee period (hereinafter “No. 1 guarantee agreement”), and on July 24, 2017, with respect to the gold obligations under the loan doctrine that the said Defendant owes to E Bank, the guaranteed amount of KRW 20 million,00,000,000, and the guarantee period of KRW 22 July 22, 2022 (hereinafter “No. 2 guarantee agreement”).

According to each of the above agreements, when the Plaintiff performs the above guarantee obligations, the above Defendant also paid to the Plaintiff the additional guarantee fee calculated by adding the rate of 5/100 per annum to the guarantee fee rate of 5/100 per annum from the date following the date of payment of guarantee fees to the date of termination of the guarantee obligation, ③ the additional guarantee fee calculated by adding the guarantee fee rate of 5/100 per annum to the date following the date of payment of the guarantee fee to the date of payment of the subrogated repayment made by the Plaintiff for the performance and the amount of damages paid by the Plaintiff from the date of payment to January 31, 2018 (12/100 per annum from June 1, 2015 to January 31, 2018), and ③ the legal procedure expenses (10/100) paid by the Plaintiff to enforce or preserve its rights by performing the guarantee obligation.

B. Pursuant to the aforementioned guarantee agreement, Defendant A borrowed KRW 20,00,000 from D on June 12, 2015, based on the 2nd guarantee agreement, respectively, from E bank on July 24, 2017. Since November 22, 2019, Defendant A lost the benefit of time on December 13, 2019.

Accordingly, the Plaintiff, as a guarantor, subrogated to D on April 2, 2020, KRW 2,481,832 and KRW 15,975,800 in total to E bank on April 17, 2020 according to the second guarantee agreement. Of the legal procedure expenses incurred by the Plaintiff for the preservation, etc. of the above claim for reimbursement, the outstanding amount is KRW 417,600 in total and KRW 276,700 out of the subrogated payment under the second guarantee agreement was collected.

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