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(영문) 서울중앙지방법원 2016.12.13 2016가단5034246

사해행위취소

Text

1. As to KRW 22,732,745 and KRW 22,598,133 among the Plaintiff, Defendant A shall be from October 12, 2015 to March 14, 2016.

Reasons

1. Facts of recognition;

A. On April 29, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) and issued, respectively, a credit guarantee agreement with each of the respective guarantee methods (hereinafter “guarantee2”) with respect to the Defendant’s obligation to provide loans to Non-Party A Co., Ltd. (hereinafter “Non-Party A”) to Non-Party A’s National Bank (hereinafter “Non-Party Bank”), on April 29, 2011. < Amended by Act No. 10655, Apr. 25, 2016; Act No. 11904, Jul. 24, 2013; Act No. 15504, Jul. 24, 2013; Act No. 15504, Jul. 24, 2018; Act No. 15083, Apr. 25, 2016>

B. As to the guarantee 1, Defendant A paid 5,772,853 won to Nonparty A on April 30, 2015, and as to the guarantee 2, on April 23, 2015, each guarantee accident occurred by making the principal and delayed payment on April 23, 2015. The Plaintiff paid 5,772,853 won to Nonparty Bank on October 1, 2015, and 16,839,480 won as to the guarantee 2, and collected 14,200 won as of October 11, 2015, and remains 22,598,133 won as of October 11, 2015 (i.e., the subrogated payment related to the guarantee 1,772,853 won as of April 2, 2015).

C. The Plaintiff spent KRW 387,420 as the legal procedure cost for the enforcement and preservation of the claim for reimbursement against Defendant A, and there remains 128,830 won excluding the recovered amount. In addition, Defendant A did not pay the guarantee fee of KRW 5,680.

According to the credit guarantee agreement of this case, the Plaintiff agreed to bear the legal procedure costs and guarantee fees incurred by the Plaintiff in order to exercise or preserve the right by performing the guaranteed obligation.

The fixed damages for delay until October 11, 2015 based on the credit guarantee agreement in this case is 102 won, and the rate of damages for delay from October 12, 2015 to October 12, 2015 is 12% per annum.

E. As to the real estate indicated in the separate sheet and Defendant B (hereinafter “instant real estate”) on March 31, 2015.