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(영문) 인천지방법원 2019.04.26 2018가단263884

사해행위취소

Text

1. As to KRW 7,452,202 and KRW 7,433,818 among the Plaintiff, Defendant A shall be from November 10, 2018 to December 16, 2018.

Reasons

1. Facts of recognition;

A. On May 3, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) with the term of April 30, 2021 (hereinafter “the instant credit guarantee agreement”).

B. On May 4, 2016, Defendant A obtained a loan of KRW 7,498,80 from Nonparty C (hereinafter “C Bank”) as security a credit guarantee form under the instant credit guarantee agreement.

C. 1) Defendant A forfeited the benefit of time due to the interest and delinquency in payment of principal on June 4, 2018. The Plaintiff subrogated for KRW 7,633,368 ( principal KRW 7,498,80) on November 1, 2018, and the amount of interest paid by subrogation as of November 9, 2018 remains KRW 7,43,818, and delay damages amounting to KRW 18,384, which is applicable under the credit guarantee agreement of this case. 2) The rate of delay damages after November 9, 2018, which is applicable under the credit guarantee agreement of this case, is 10% per annum.

On May 12, 2018, Defendant A and Nonparty D (each of the owners of 1/2 shares) entered into a contract with Defendant B to sell real estate listed in the separate sheet (hereinafter “instant real estate”) with KRW 135,00,000 (the contract amount of KRW 2,000,000, intermediate payment of KRW 26,000,000, and the remainder of KRW 107,000,000) (hereinafter “instant sales contract”).

(However, the sales contract has increased the sales amount to KRW 150,00,000, and entered the sales amount in the sales contract). 【Ground of recognition】 The fact that there is no dispute, entry in Gap’s 1 through 5, Eul’s 3 and 7 evidence, and the purport of the whole pleadings.

2. According to the facts found in the determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the sum of KRW 7,452,202 (amounting to KRW 7,433,818 (amounting to delay damages of KRW 18,384) and the remainder of the subrogated amount of KRW 7,43,818 as to the remainder of the subrogated amount from November 10, 2018 to December 16, 2018, which is the delivery date of a copy of the complaint of this case, 10% per annum from November 10, 2018 to December 16, 2018, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from