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대전지방법원 2015.11.18 2015나106019

사해행위취소

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1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

List A and the defendant shall be as shown in attached Form A.

Reasons

1. Basic facts

A. (1) On August 31, 201, the Plaintiff established under the Regional Credit Guarantee Foundation Act, such as the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with A (name prior to the name of the Plaintiff: G), setting the credit guarantee principal of KRW 10,200,00 and the credit guarantee period (hereinafter “credit guarantee agreement of this case”) up on August 22, 2014. In a case where A fails to perform its obligation to repay loans to a lending institution, and the Plaintiff subrogated for the principal and interest of the loan, A agreed to pay to the Plaintiff delay damages, confirmation damages, attempted penalty, substitute charges, additional guarantee fees, etc. at the rate determined by the Plaintiff from the date of the performance of the principal and interest of the loan.

(2) On August 31, 201, pursuant to the instant credit guarantee agreement, the Plaintiff issued a credit guarantee certificate, which set forth the credit guarantee amount of KRW 10,200,000 and the credit guarantee period as of August 22, 2014, to the Seoul Daejeon Community Credit Cooperatives (hereinafter “Seoul Community Credit Cooperatives”). Based on the said credit guarantee agreement, A was loaned KRW 12,00,000,000 from the Seoul Daejeon Community Credit Depository.

B. (1) A, on October 1, 2013, failed to repay the principal and interest of loans to the KNV Treasury and caused a credit guarantee accident. The Plaintiff, who was requested by the KNV Treasury, to pay by subrogation, paid KRW 3,519,81 in subrogation of A on February 26, 2014.

(2) The remainder of the payment by subrogation under the instant credit guarantee agreement with the Plaintiff A is KRW 561,070, and the additional guarantee fee is KRW 25,010, and the interest rate on delay determined by the Plaintiff is 12% per annum from February 26, 2014, which is the date of subrogation, to the date of closing argument in the instant case.

C. A’s act of disposing of property of the instant real estate as to each of the instant real estate owned by him/her, entered into a mortgage agreement with the Defendant who was a pro-enemy on August 5, 2013 (hereinafter “mortgage agreement”), and on August 28, 2013, the Jeonju District Court’s U.S. registry office (No. 5988) received on August 28, 2013, and KRW 25,000,000,000.