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(영문) 전주지방법원 2019.07.12 2018가단16517

사해행위취소

Text

1. Defendant A and Defendant B jointly and severally with the Plaintiff KRW 17,627,893 and 17,323.

Reasons

1. Basic facts

A. The Plaintiff’s Defendant Incorporated Incorporated Company A (hereinafter “Defendant Company”) and Defendant B’s indemnity claim against the Defendant Company A (hereinafter “Defendant Company”) are the following: (a) the Defendant Company’s Hysan Branch of Non-Party Enterprise Bank (hereinafter “Corporate Bank”) on May 16, 2017.

() In order to obtain a loan of KRW 200 million from the Plaintiff, the Plaintiff entered into a credit guarantee agreement with the Plaintiff as of May 15, 2018 for the payment of the principal and interest of the loan as well as KRW 17,00,000 on the guaranteed principal and interest of the loan, and the Defendant B became a joint and several surety of the said guarantee agreement (hereinafter “the instant guarantee agreement”).

(2) According to the instant guarantee agreement, the Defendant Company agreed to pay the amount of principal and interest to a corporate bank and the rate calculated by the calculation method from the date of performance of the guaranteed obligation to the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, additional guarantee fee, administrative fine, penalty, etc., and the rate of guarantee fee and delay interest rate applied from September 28, 2013 to the date of performance of the guaranteed obligation is 12% per annum.

3) On May 18, 2017, Defendant Company issued a credit guarantee certificate from the Plaintiff and received 20,000,000 won from an enterprise bank, and did not pay interest on September 19, 2017. (4) On January 29, 2018, the Plaintiff paid KRW 17,323,667 to the enterprise bank by subrogation. In order to recover the said claim for reimbursement, the Plaintiff filed an application for provisional injunction on the disposal of collateral security, and paid KRW 304,226 at its expense.

B. Defendant B acquired the ownership of the instant real estate on October 4, 2016, as indicated in the Attachment 1 List of Defendant B (hereinafter “instant real estate”). Defendant B acquired the ownership of the instant real estate on July 31, 2017, as to the instant real estate, KRW 50,000,000 with Defendant C, and the mortgagee of the right to collateral security.