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(영문) 서울중앙지방법원 2015.06.30 2015가합500908
사해행위취소
Text

Defendant A and Defendant B jointly and severally against the Plaintiff KRW 103,236,386 and KRW 101,757,238.

Reasons

1. Facts of recognition;

A. On November 30, 2007, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the guaranteed amount of KRW 99,450,00,000, and the guarantee term after November 28, 2008 changed over several occasions and extended up to November 21, 2014.

As a result, the Plaintiff entered into a credit guarantee agreement with respect to the obligation borne by the Defendant Company (hereinafter “instant credit guarantee agreement”), and the Defendant Company provided a credit guarantee for KRW 117,00,000 as a loan from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”).

According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation, the defendant company shall pay to the plaintiff the amount of performance of the guaranteed obligation, damages for delay based on the rate of delay damages set by the plaintiff after the date of performance of the guaranteed obligation, the additional guarantee fee for the guaranteed obligation, expenses incurred in legal procedures for the execution, preservation and exercise of the bond, etc.

Defendant B jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff under the instant credit guarantee agreement.

B. After August 3, 2014, the Defendant Company delayed interest and caused a credit guarantee accident on September 4, 2014, the Bank notified the Plaintiff of a credit guarantee accident. On December 16, 2014, the Plaintiff subrogated KRW 101,757,238 of the principal and interest of loans on December 16, 2014, and paid KRW 1,315,678 as legal procedural expenses for the preservation of the claim for reimbursement.

On the other hand, the additional guarantee fee to be paid by the defendant company due to the failure to pay the above principal and interest obligation within the term of guarantee is KRW 163,470.

C. On September 15, 2014, Defendant B registered the establishment of a mortgage on September 19, 2014 (hereinafter “instant contract”) to Defendant C with respect to the real estate listed in the attached list Nos. 1 through (3).

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