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(영문) 서울중앙지방법원 2017.10.18 2017가단5022561

사해행위취소

Text

1. As to KRW 86,807,232 and KRW 86,034,882 among the Plaintiff, Defendant A’s year from January 13, 2017 to May 9, 2017.

Reasons

1. Facts of recognition;

A. (1) On September 30, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A with the term of September 30, 2015, including the guaranteed amount of KRW 85 million, and the term of guarantee. (2) The Defendant A agreed to pay the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation under the said credit guarantee agreement, as well as the amount calculated by the rate and method of calculation as determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.

3) Defendant A was granted a loan of KRW 100 million from the Korea CTR Bank with the Plaintiff’s credit guarantee, but lost the benefit of time due to overdue interest, etc., and the Plaintiff paid KRW 86,034,882 to the Korea CTR Bank on January 13, 2017 and performed the guaranteed obligation. 4) The Plaintiff’s interest rate for delay in the indemnity obligation as determined by the Plaintiff is 12% per annum from June 1, 2015, the additional guarantee fee to be paid by Defendant A is 605,470 won, and the substitute payment, such as legal procedure costs, etc., paid by the Plaintiff to secure the claim for reimbursement after the performance of the guaranteed obligation, is 16,80 won.

B. Defendant A’s disposal act 1) Defendant A’s disposal act with Defendant B, the wife on April 12, 2016, as indicated in paragraph (1) of the attached Table No. 1 owned by Defendant A (hereinafter “instant real estate”).

3) As to the division of property as to the division of property (hereinafter “instant division of property”).

(2) On July 29, 2016, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant C regarding each of the real estate listed in [Attachment List 2 through 5] owned by Defendant A (hereinafter “each of the instant real estate”) and completed the registration of ownership transfer with Defendant C as the receipt No. 136541 on August 11, 2016.