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(영문) 서울중앙지방법원 2020.12.03 2019가단5226893

사해행위취소

Text

Defendant A and B jointly and severally with the Plaintiff KRW 22,628,598 and KRW 22,628,554 from April 2, 2019 to October 27, 2019.

Reasons

1. Basic facts

A. On September 30, 2016, according to Defendant A’s guarantee request, the Plaintiff, who operated an individual enterprise with the trade name of “D,” issued a credit guarantee agreement under the Regional Credit Guarantee Foundation Act (hereinafter “instant guarantee agreement”) with respect to the obligation to be borne by Defendant A with a loan for corporate general funds from Nonparty E Co., Ltd. (hereinafter “Nonindicted Bank”), as follows:

Defendant B guaranteed all obligations owed by Defendant A to the Plaintiff in accordance with the instant guarantee agreement.

Based on the credit guarantee certificate issued as above, Defendant A borrowed KRW 30,000,000 from Nonparty A bank through a credit transaction agreement.

On November 1, 2018, Defendant A lost the interest due to delay in payment of principal. On April 2, 2019, the Plaintiff repaid KRW 22,756,920, the sum of the principal and interest under the credit guarantee agreement in subrogation of the Defendant A on behalf of the Nonparty Bank.

C. The Plaintiff paid KRW 105,130 on April 2, 2019, and KRW 23,236 on April 9, 2019 from the Defendant A, and the Plaintiff paid KRW 128,36 on the sum of collected damages, 44 won as to KRW 128,366.

At the time of the instant guarantee agreement, Defendant A agreed to pay damages for delay pursuant to the interest rate set by the Plaintiff within the limit of 25% per annum pursuant to the Regional Credit Guarantee Foundation Act on the amount discharged by the Plaintiff after the date of performance of the guaranteed obligation. From April 2, 2019, the date of performance of the Plaintiff’s guaranteed obligation, the rate of delay interest determined by the Plaintiff’s board of directors

E. On September 28, 2018, Defendant A entered into a sales contract to sell real estate listed in the separate sheet to Defendant C for KRW 75,000,000 (hereinafter “instant sales contract”). On November 21, 2018, Defendant A entered into a sales contract with the Suwon District Court (hereinafter “instant sales contract”). The receipt number of machines, such as Daehan Branch Branch Branch Branch Branch Branch, is 33115.