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(영문) 서울중앙지방법원 2014.10.29 2013가단5141952

사해행위취소

Text

1. Defendant A’s KRW 3,515,710 and KRW 3,259,080 among the Plaintiff’s KRW 15% per annum from April 19, 2013 to January 27, 2014.

Reasons

1. Basic facts

A. On July 22, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A, and issued a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement”) (hereinafter referred to as the “credit guarantee agreement”) (hereinafter referred to as the “FFFFFFFFFFFFFFFFFFFFFF”), the guaranteed period of KRW 5 million on July 22, 2015, the individual guarantee method and the special guarantee loan for the loan subjects I), and the Defendant A received a loan from the BFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

B. According to the above credit guarantee agreement, if Defendant A was unable to fully repay the loan, which is the principal obligation under the Plaintiff’s credit guarantee, and the Plaintiff subrogated to the Plaintiff, Defendant A shall pay to the Plaintiff ① the amount of subrogated payment by the Plaintiff and the damages for delay calculated by the Plaintiff’s fixed rate for delay from the date of subrogated payment to the date of full payment on the date of subrogated payment, ② additional guarantee fee from the date following the date of payment of guarantee fee to the date of termination of guarantee, ③ additional guarantee fee from the date following the date of payment of guarantee fee to

C. On April 19, 2013, the Plaintiff subrogated for KRW 3,259,080 (i.e., the loan principal of KRW 3,224,00,000) to the Jung-dong Saemaul Depository 2, Jung-gu, Incheon (i.e., KRW 35,080). After paying KRW 424,520 to the legal procedure cost for preserving the claim for reimbursement, the Plaintiff recover KRW 167,890 and recover KRW 256,630 at present.

From April 19, 2013, the date of subrogation by the plaintiff, the rate of delay damages for the plaintiff is 15% per annum.

E. Meanwhile, on October 17, 2012, in order to secure the existing debt amounting to KRW 92 million against Defendant B, Defendant A entered into a mortgage agreement with Defendant B as to real estate listed in the attached list, which is one’s own possession (hereinafter “mortgage agreement”). On October 19, 2012, Defendant B was named as Defendant B.