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(영문) 춘천지방법원 2015.10.29 2015가단2525

사해행위취소

Text

1. The contract to establish a mortgage concluded on September 29, 2014 with regard to each real estate listed in the separate list between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee agreement with B 1) The Plaintiff’s credit guarantee agreement with B is between B and B on July 16, 2014, and B Chuncheon Agricultural Cooperative Co., Ltd. (hereinafter “Sacheon Agricultural Cooperative”).

() In receiving a loan from the Plaintiff, a credit guarantee agreement with the content that, in order to secure the repayment of the principal and interest of the loan, KRW 20,000,000 as credit guarantee principal, and the term of guarantee until July 13, 2015, in order to secure the repayment of the principal and interest of the loan, the Plaintiff shall pay to the Plaintiff the amount of subrogation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of subrogation, and legal procedure and expenses incurred by the Plaintiff to compensate for the amount of indemnity (hereinafter “

2) On the same day, B submitted a guarantee issued under the instant credit guarantee agreement to repay KRW 20,00,000 to July 13, 2015. However, on August 20, 2014, there was a guarantee accident due to delay in principal and interest, and notified the Plaintiff on October 16, 2014. The Plaintiff subrogated for KRW 20,540,454 for the principal and interest of the loan to Chuncheon Agricultural Cooperatives on March 25, 2015.

3) Accordingly, the Plaintiff’s claim for indemnity against B is KRW 20,540,454 as of March 25, 2015 and KRW 339,780 as of March 13, 2015, based on the interest rate of 20,540,454 as at the time of subrogation, and KRW 339,780 as of the provisional payment for securing the claim for indemnity. (B) As between B and the Defendant on November 1, 2012, the Defendant entered into a lease agreement and lease agreement between B and the Defendant on a deposit basis; and (2) as of March 13, 2013, the moving-in report was made with respect to the part designated as 101 out of the first floor of the housing building listed in the attached Table No. 2 owned by B (hereinafter “instant building”).