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(영문) 서울중앙지방법원 2016.10.07 2016가합503157

사해행위취소

Text

1. On July 27, 2015, the real estate stated in attached list No. 1 was concluded between the Defendant and Nonparty A.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) (hereinafter “B”).

) The Plaintiff concludes a credit guarantee agreement with the Plaintiff as listed below (the credit guarantee agreement listed in Nos. 1 and 2 below) and the credit guarantee agreement listed in No. 2 is called “No. 1 guarantee agreement”.

(2) On October 201, 201, 200, 2000 won (170,000,000 won) from the date following April 19, 201, 200, 200 won (10,000,000 won) was paid to the Plaintiff under the credit guarantee agreement issued by the Plaintiff under the first and second guarantee agreement. A representative director of B guaranteed B’s debt under the guarantee agreement. According to the agreement of the Plaintiff’s payment of damages by subrogation, 200,000 won (170,000,000 won) from the date of concluding the agreement, 10,000 won (20,000 won) to the date of signing the agreement, 10,000 won (2,000,000 won) to the Plaintiff per annum 15,000,0000 won (2,000 won) to the date of termination of the agreement, 10,015.

3) As the Plaintiff did not pay the principal and interest of loan even though he/she lost the benefit of this period, on December 18, 2015, the Plaintiff repaid the principal and interest of loan KRW 979,580,067 to our bank in subrogation of B on December 18, 2015. The balance of the legal procedure expenses paid by the Plaintiff in subrogation to secure the claim for reimbursement of the amount of reimbursement is KRW 2,795,687, and the penalty is KRW 4,39,340 in total. (b) around July 27, 2015, A, such as the conclusion of a mortgage contract, etc., between the Defendant and the Defendant, is each real estate (hereinafter “each of the instant real estate”).

the maximum debt amount shall be five hundred million won, and the debtor.