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(영문) 서울중앙지방법원 2017.05.19 2016가단5153475

사해행위취소

Text

1) Defendant A shall pay to the Plaintiff KRW 36,149,769 and KRW 35,910,419 among them, from June 9, 2015 to July 19, 2016.

Reasons

1. Basic facts

A. On July 20, 2012, the Plaintiff concluded a credit guarantee agreement with Defendant A to provide credit guarantee amount of KRW 59,500,000, and the credit guarantee period as of July 19, 2017 (hereinafter “the instant credit guarantee agreement”) and agreed to pay the Plaintiff the amount of subrogated payment and the damages for delay calculated at the rate determined by the Plaintiff as of the date of subrogated payment, and the amount of subrogated payment made by the Plaintiff for the exercise or preservation of other rights.

B. Defendant A borrowed money from a national bank based on a credit guarantee certificate issued pursuant to the instant credit guarantee agreement; however, on February 21, 2015, Defendant A lost the benefit of loans due to natural enterprises. On June 9, 2015, the Plaintiff subrogated to the national bank for KRW 36,532,759 in accordance with the said credit guarantee agreement, and thereafter, recovered KRW 622,340 and recovered the amount of subrogation amount to KRW 35,910,419.

Meanwhile, the payment by subrogation paid by the Plaintiff in relation to the instant credit guarantee agreement is KRW 239,350, and from April 29, 2015 to April 12, 2015, the rate of damages determined by the Plaintiff is 12% per annum.

C. On March 9, 2015, Defendant A sold (hereinafter “instant real estate”) Nos. 207 of Jung-gu Seoul Metropolitan Government C apartment 2, 207 (hereinafter “instant real estate”) owned to Defendant B, one’s own form, and completed the registration of ownership transfer on March 11, 2015.

On July 27, 201, the transfer of the instant sales contract to the instant real estate, the right to collateral security of KRW 270,000,000 (hereinafter “instant right to collateral security”) was established in the creditor Bupyeong Agricultural Cooperative (hereinafter “instant right to collateral security”), but the registration of cancellation was completed on March 20, 2015, which was subsequent to the instant sales contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. A claim against the defendant A.