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(영문) 서울중앙지방법원 2014.04.30 2013가단5070777

사해행위취소

Text

1. As to KRW 13,001,835 and KRW 13,001,614 among the Plaintiff, Defendant A shall be annually from January 29, 2013 to August 14, 2013.

Reasons

1. Facts of recognition;

A. On March 5, 2010, the Plaintiff entered into a credit guarantee agreement and loans 1) and entered into a credit guarantee agreement with Defendant A on March 5, 2010 (hereinafter “instant credit guarantee agreement”) with a period of time fixed on March 5, 2015 (hereinafter “instant credit guarantee agreement”).

(1) The defendant A entered into a credit guarantee agreement and issued such credit guarantee agreement to the defendant A, and the defendant A entered into a credit guarantee agreement with the NongHyup Bank Co., Ltd. (hereinafter referred to as "Nong

(2) According to the credit guarantee agreement of this case, when the Plaintiff fulfills the guarantee obligation, Defendant A is obliged to pay the Plaintiff the amount of the guaranteed obligation and the damages for delay calculated in accordance with the interest rate determined by the Plaintiff.

B. On September 6, 2012, when a credit guarantee accident occurred and a credit guarantee accident occurred that Defendant A lost the benefit of the term of the above loan. On January 29, 2013, the Plaintiff paid the loan amounting to KRW 13,282,354 to Nonghyup Bank on January 29, 2013. (2) The agreed interest rate for delay after the date of payment by subrogation is 15% per annum, and the Plaintiff recovered KRW 280,740 out of the above subrogated amount and recovered the remainder of the subrogated amount is KRW 13,01,614.

The fixed delay damages from the date of subrogation to the date of repayment are 221 won.

C. On July 27, 2012, Defendant A disposed of the instant real estate by agreement with Defendant B. On June 25, 2012, Defendant A completed the registration of transfer of ownership on the same day as the instant gift agreement (hereinafter “instant gift agreement”) with respect to the instant real estate, which is the only real estate of Defendant B, on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 7, and the court's order to submit taxation information to the head of Seoul Central Franc, the purport of the whole pleadings

2. According to the facts found in the determination as to the claim against Defendant A, Defendant A shall pay to the Plaintiff the amount of KRW 13,001,835 as well as KRW 13,001,61,614 as a result of the performance of the liability for reimbursement under the credit guarantee agreement of this case.