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(영문) 서울중앙지방법원 2018.11.30 2017가단5138442

사해행위취소

Text

1. As to KRW 70,684,936 and KRW 70,566,533 among the Plaintiff, Defendant A shall be from June 12, 2017 to October 13, 2017.

Reasons

1. Basic facts

A. On December 24, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the guarantee period from December 24, 2012 to December 23, 2013, and KRW 70,000,000 (hereinafter “instant guarantee agreement”).

(2) On January 2, 2013, Defendant A borrowed KRW 70,000,00 from the Industrial Bank of Korea as security. The Plaintiff and Defendant A paid the guarantee term on December 9, 2013 to December 23, 2014; the term of guarantee on December 9, 2014 to December 23, 2015; the term of guarantee on November 11, 2015 to December 23, 2016; the term of guarantee was changed by 10% from the following day to December 16, 2016 to December 22, 2017; the term of guarantee under the instant guarantee contract was changed by 10% per annum from the following day to December 22, 2017; the Plaintiff and Defendant A paid the principal and interest on the guarantee term under the instant credit guarantee agreement; and the Plaintiff’s annual interest rate of 10% from the date of the agreement to December 15, 2015 to 10% per annum;

3) While Defendant A had been in arrears with interest from March 2017, around May 15, 2017, Defendant A caused a credit guarantee accident that would lose the benefit of time due to delinquency in paying the principal and interest of loan and reporting of suspension of business. Accordingly, on June 12, 2017, the Plaintiff subrogated the Industrial Bank of Korea for KRW 70,566,533 of the principal and interest of loan of Defendant A to the Bank of Korea. The Plaintiff paid KRW 229,443 by subrogation due to expenses incurred in preserving the claim, etc., but collected KRW 118,403 won by subrogation (=29,443 won - 111,040 won by subrogation and collected KRW 118,403 won by subrogation.

(b).