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(영문) 인천지방법원 2018.07.12 2016가단251931

사해행위취소

Text

1. The sales contract concluded on June 17, 2016 between the Defendant and B on the real estate stated in the separate sheet was 119,242.

Reasons

1. Basic facts

A. On April 30, 209, the Plaintiff entered into a credit guarantee agreement with D on April 30, 2009, between B and C, with a guarantee number E, covering KRW 300,000,000,000 guaranteed amount, and the term of guarantee on April 29, 2010 (before this, changed to June 24, 2016).

B. On July 24, 2009, the Plaintiff entered into a credit guarantee agreement between B and C, under the joint and several guarantee guarantee guarantee agreement between B and C, with the amount of KRW 580,000,000,000,000,000 guaranteed amount, and July 23, 2010, with the guarantee number G, for the amount of KRW 464,000,000,000 guaranteed amount, and the guarantee period (after this change to December 16, 2016).

(hereinafter referred to as “each of the instant loans” and “each of the instant credit guarantee agreements” are added to each of the above loans and credit guarantee agreements.

According to each credit guarantee agreement in this case, when the plaintiff performed the guaranteed obligation, the stock company D and the joint guarantor shall pay the amount of the performance and the amount of the damage for delay calculated by multiplying the amount of the performance of the guaranteed obligation by the interest rate prescribed by the plaintiff (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016) from the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, unpaid guarantee fee, delay guarantee fee, penalty, insurance premium paid by the plaintiff on behalf of the plaintiff, compensation for the execution and exercise

D Co., Ltd. received each of the credit guarantees of the Plaintiff as collateral from the F Bank. On May 25, 2016, the Plaintiff lost the benefit of each of the instant loans due to a credit guarantee accident, and on September 13, 2016, the Plaintiff subrogated to F Bank for KRW 611,563,396 of the principal and interest of the instant loans due to each of the credit guarantees.