beta
(영문) 서울중앙지방법원 2015.05.12 2014가단5226270

사해행위취소

Text

1. As to KRW 48,673,403 and KRW 46,867,812 among the Plaintiff, Defendant A shall be from September 24, 2014 to November 14, 2014.

Reasons

1. Facts of recognition;

A. On September 17, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A on September 17, 2012, with the content that the Plaintiff would provide credit guarantee for the principal and interest of loans that Defendant A would receive from a new bank on September 16, 2015 (hereinafter “instant credit guarantee agreement”).

(2) At the time of the credit guarantee agreement of this case, Defendant A entered into a contract with the new bank around that time based on the credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case. (2) At the time of the credit guarantee agreement of this case, Defendant A agreed to pay the amount subrogated by the Plaintiff to the Plaintiff when the Plaintiff performed the guaranteed obligation, and the amount of the amount subrogated by the Plaintiff from the date of subrogation to the date of full payment, and the amount for delay calculated by the date of full payment. The rate of delay damages determined by the Plaintiff is 15% per annum from June 1, 2005 to November 30, 2012 and 12% per annum from December 1, 2012.

B. On May 1, 2013, Defendant A lost the benefit of time due to a tax default, etc. on the instant credit guarantee. The Plaintiff subrogated for KRW 46,867,812 of the principal and interest of a loan to a new bank on September 24, 2014 in accordance with the instant credit guarantee agreement. (2) The penalty to be paid by Defendant A to the Plaintiff under the said credit guarantee agreement is KRW 407,240, and the amount paid by the Plaintiff to secure the liability for reimbursement is KRW 1,398,351.

C. On March 12, 2013, Defendant A’s dispositive act concluded a mortgage contract with Defendant B on the real estate indicated in the separate sheet owned by him (hereinafter “instant real estate”) (hereinafter “instant mortgage contract”) with the maximum debt amount of KRW 16,80,00, and Defendant B with the mortgagee B, and Defendant B.