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(영문) 서울중앙지방법원 2015.05.15 2014가합536184
사해행위취소
Text

1. Defendant A and B jointly and severally agreed on KRW 259,156,746 against the Plaintiff and its related amount from May 14, 2014 to October 22, 2014.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter referred to as the “Defendant Company”) and the Industrial Bank of Korea, and entered into a credit guarantee agreement with the Defendant Company as listed below (hereinafter referred to as the “each of the instant credit guarantee agreements”). On the same day, the Plaintiff issued a credit guarantee agreement to each of the above banks, and received the said loan from each of the above banks as security.

On August 9, 2012, 200 won (the rate of guarantee 85%) 212,50,000,000 won (the rate of 85%) on August 7, 2014, SC Japan Bank on August 29, 2013 (the rate of 85%) 42,50,000 won (the second guarantee) on August 29, 2013, according to each credit guarantee agreement at the Industrial Bank of Korea on August 29, 2018, when the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the principal debtor and the joint guarantor paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation, and damages for delay based on the Plaintiff’s fixed rate from the date of repayment to the date of repayment from the date of payment of the subrogated amount paid by the Plaintiff for the performance of the guaranteed obligation, expenses incurred in the preservation and transfer of the right acquired through the performance of the guaranteed obligation, damages for delay, unpaid guarantee fees, additional guarantee fees, and damages for delay.

On December 24, 2013, and December 31, 2013, the Defendant Company by subrogation of the Plaintiff lost the benefit of each of the loans to the SC Japan Bank and the Industrial Bank of Korea due to natural disasters, and caused an accident of guarantee. Under each credit guarantee agreement of this case, the Plaintiff made a second guarantee to the SC Japan Bank in relation to the first guarantee on May 14, 2014.

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