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부산지방법원 2020.01.23 2019가단309531

사해행위취소

Text

1.(a)

The sales contract concluded on May 25, 2018 between the Defendant and B on each of the real estate listed in the separate sheet is 33.

Reasons

1. The Plaintiff entered into a credit guarantee agreement with C as listed below, and the said company borrowed KRW 290,000,000 from a bank on April 27, 2018.

On April 26, 2018, the representative director B of the company at the Central Office of the Bank of Small and Medium Enterprise Loans, on April 27, 2018, the Loan Bank D 261,000,000,000 won for the loan subject subject subject to guarantee on the date of guarantee of guarantee amount, and the representative director B of the company at the Central Office of the Bank of Small and Medium Enterprise Loans Kim-hae, on

On July 2018, the Plaintiff paid 265,308,246 won in total, including the principal amount of KRW 261,00,000, interest amount of KRW 4,308,246, in subrogation of the company on March 8, 2019, due to bad credit standing, etc. of the company.

At the time of the above credit guarantee agreement, the plaintiff shall be paid damages for delay calculated at the rate of 10% per annum as determined by the plaintiff (10% per annum) from the amount of the plaintiff's subrogation (amount of performance of the guaranteed obligation) and the date of subrogation (the date of performance of the guaranteed obligation) until the date of full payment, and the costs and expenses incurred in the legal procedure shall also be reimbursed to the plaintiff. Of the legal procedure costs incurred by the plaintiff to compensate for the claim for reimbursement against the above company, the unpaid balance is currently 107,4

Accordingly, the above company and B are jointly and severally liable to pay to the Plaintiff the above amount of subrogated payment of KRW 265,308,246 and the above legal procedure costs of KRW 107,461 and the total amount of KRW 265,415,707 and delay damages under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Attached Form

[1] A list [2] A real estate (hereinafter “each apartment of this case”) is a real estate owned by B, which has completed the registration of ownership transfer due to sale and purchase around December 2013, and B completed the registration of ownership transfer (75,000,000 won each of the transaction values) to the Defendant on May 25, 2018.

[1] The apartment building of this case is located around December 11, 2013.