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(영문) 서울중앙지방법원 2018.11.14 2016가단5283888

사해행위취소

Text

1. Defendant A shall pay to the Plaintiff KRW 20,324,869 as well as KRW 20,324,829 as well as KRW 10% per annum from October 5, 2016 to December 7, 2016.

Reasons

1. As indicated in the grounds for a claim, the Plaintiff entered into a credit guarantee agreement with the Defendant A (hereinafter “C”) on December 18, 2009, and thereafter extended the period for the credit guarantee. Under the said credit guarantee agreement, the Plaintiff subrogated to the National Bank for KRW 20,471,849 (principal principal amount of KRW 20,235,00 and interest KRW 236,849 from July 7, 2016 to October 4, 2016) on October 5, 2016, the amount of KRW 147,020 out of the amount of subrogation was recovered to KRW 20,324,829.

The contract damages rate and finalized damages on the amount of subrogation shall be as specified in attached Form.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 8, and 10, purport of the whole pleadings]

2. According to the above facts finding as to the claim for reimbursement against Defendant A, Defendant A is obligated to pay to the Plaintiff the agreed damages and delay damages calculated at the angle of 15% per annum under the Agreement from October 5, 2016 to December 7, 2016, which is the day following the date of delivery of a copy of the complaint in this case, and from the next day to the day of full payment, the agreed damages and delay damages calculated at the 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day of delivery of a copy of the complaint in this case.

3. Determination on the claim for revocation of fraudulent act against Defendant B

A. In fact, the Defendants’ relevant Defendants filed a marriage report on January 16, 2005, and became a legal couple and divorced on October 11, 2016. The two minor sons among the Defendants were consulted with Defendant A. (2) Defendant A entered into a gift agreement with Defendant A on May 9, 2016 to donate each real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B (hereinafter “instant gift agreement”), and completed the registration of ownership transfer with Jinju District Court No. 31107 received on May 9, 2016.

3. The defendant A.