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(영문) 서울중앙지방법원 2019.01.30 2018가합517457

사해행위취소

Text

1. With respect to real estate listed in the annex:

A. The contract to establish a right to collateral security concluded on October 26, 2016 between Defendant A and D;

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee contract with E Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) and the Nonparty Co., Ltd. (hereinafter referred to as “G”), entered into a credit guarantee contract with each of the following contents (hereinafter referred to as “each of the instant guarantees contract”) and issued each of the credit guarantee contracts to the said banks.

On April 11, 2014, 201, 200, 2000, 2000, 2000, 2000 (temporary repayment) general loan (temporary repayment) general loan (temporary repayment) loan of the lending bank of the lending loan of the term of guarantee (the change of the term of guarantee) guarantee (the term of guarantee) guarantee date (the term of guarantee) guarantee date (the term of guarantee) loan of the lending bank of the lending bank of April 12, 2013 (270,00,000, 225,000, 200 (201,875,000, 201, 201, 201, May 111, 2015, 2015, the joint and several surety of the lending company, which is the actual operator of the non-party company, concluded each of the guarantee obligations of each of the instant contracts with the Plaintiff as of the date of guarantee contract of each of the instant case.

(hereinafter “this case’s joint and several sureties contract”). Nonparty Company subrogated for the Plaintiff lost the F’s benefit of time due to the repayment of principal against F on April 8, 2017.

Accordingly, on May 24, 2017, the Plaintiff subrogated to F for KRW 243,965,130 (= Principal KRW 242,250,000).

On May 10, 2017, the non-party company lost the benefit of the due date of the loan to G by delaying the repayment of principal to G.

Accordingly, on May 24, 2017, the Plaintiff subrogated to KRW 152,080,851 (i.e., principal KRW 152,012,550) (i.e., KRW 68,301).

Afterwards, the Plaintiff collected KRW 35,519 and appropriated it for substitute payment, and the claim for reimbursement is KRW 396,045,981 (=243,965,130 won), and the remaining substitute payment of KRW 2,782,849 and penalty of KRW 69,52,010 (=396,045,981 won, KRW 2,782,849, KRW 693,180) and the agreed interest rate of KRW 10 per annum from the date of subrogation.