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(영문) 서울중앙지방법원 2018.10.11 2017가합581505

사해행위취소

Text

1.(a)

A sales contract concluded on November 14, 2016 with regard to each real estate listed in the separate sheet between the defendant and B shall be 42,497.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by taking into account the whole purport of the pleadings in each entry in Gap evidence of subparagraphs 1 through 8 (including each number, if any).

On March 25, 2009, the Plaintiff entered into a credit guarantee agreement, etc. with C, Inc. (hereinafter “D”) on September 25, 2015, and entered into each credit guarantee agreement as indicated below (hereinafter “credit guarantee agreement of this case” and “credit guarantee agreement of this case” and “credit guarantee agreement of this case” entered into with D, as indicated in the following table. The Plaintiff jointly and severally guaranteed all obligations owed by C and D pursuant to each credit guarantee agreement of this case.

On March 25, 2009, the other party guarantee term bank 100 million won in C 100 million won in March 24, 2010, E Bank’s credit guarantee agreement of this case on September 23, 2016, each of the instant credit guarantee agreements of FF Bank on September 23, 2016, provides that C and D shall pay to the Plaintiff the amount of the guaranteed obligation to the Plaintiff, the damages for delay calculated by the Plaintiff’s interest rate for the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, and the penalty, etc.

The Plaintiff issued each credit guarantee form in accordance with the respective credit guarantee agreements of this case, and as security, C was loaned KRW 100 million from the E Bank and KRW 300 million from the F Bank.

Since then, the amount guaranteed by the first credit guarantee agreement of this case is KRW 95 million, and the term of guarantee was March 17, 2017, respectively, and the term of guarantee under the second credit guarantee agreement of this case was changed to September 22, 2017.

around December 2016, C and D lost the benefit of each of the above loans due to delinquency in interest. On April 3, 2017, the Plaintiff paid KRW 257,98,753 to the F Bank in subrogation of D, and KRW 96,424,944 to the E Bank on April 11, 2017, respectively.

Based on the above subrogation.