beta
(영문) 수원지방법원안양지원 2014.05.16 2013가합101123

사해행위취소

Text

1.(a)

The sales contract entered into on September 13, 2012 between E and the defendant A with respect to the real estate stated in paragraph (1) of the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement and loan 1) concluded on October 27, 201 with G and guaranteed principal KRW 400,000,000, and the term of guarantee from October 27, 201 to October 26, 201 (the term of guarantee after this expiry is extended from October 25, 201) (hereinafter “instant credit guarantee agreement”).

(A) enter into and for G, the National Bank of Korea (hereinafter “National Bank”)

(2) On November 15, 2012, G issued a credit guarantee certificate to a new bank (hereinafter “new bank”) for G and obtained a credit guarantee certificate of KRW 800,000,000 from November 15, 2012, G extended KRW 640,000 to the principal of the guarantee principal, and the guarantee period from November 15, 2012 to November 14, 2013 (hereinafter “instant credit guarantee agreement”). G extended a credit guarantee certificate of KRW 80,00,000 to a new bank (hereinafter “new bank”). G extended a credit guarantee certificate of KRW 80,000 as security.

3) At the time of the conclusion of the instant credit guarantee agreement, E as the representative director of G and its children, and F as the joint representative director of G was jointly and severally guaranteed all indemnity obligations that G bears to the Plaintiff in accordance with the respective credit guarantee agreement. (b) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) the Plaintiff received from the new bank on March 29, 2013 the notice of the credit guarantee accident due to this natural body on March 11, 2013, upon receipt of the notice of each of the instant loans from the new bank on March 25, 2013, and upon receipt of the notice of the accident regarding each of the instant loans, the Plaintiff paid to the National Bank the principal and interest of KRW 403,374,870 (principal principal and interest of KRW 399,986,720, KRW 3,748,150), and the interest of KRW 646,506,506 (principal interest of KRW 37,3637,537

2) The Plaintiff recovered KRW 2,907,080 and appropriated it for loans to a national bank (the remaining amount of KRW 400,827,790), and the final damages incurred with respect to the amount of payment by subrogation partially recovered are KRW 955,00. (c) E is the shot of October 8, 2012.