beta
(영문) 대구지방법원서부지원 2017.10.18 2016가단58984

사해행위취소 등

Text

1. As to KRW 10,263,42 and KRW 10,133,442 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from August 4, 2016 to October 5, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) of Defendant A (hereinafter “Cgu Bank”).

(2) In order to guarantee the repayment of a loan from a loan, a credit guarantee agreement is established between Defendant A and the guaranteed amount on June 24, 2015 and the term of guarantee until June 23, 2020 to guarantee the payment of the loan (hereinafter “instant credit guarantee agreement”).

(2) At the time of concluding the instant credit guarantee agreement, Defendant A agreed to pay the Plaintiff the amount of subrogation and the damages for delay calculated at the interest rate determined by the Plaintiff from the date of subrogation to the date of full payment.

3) On November 7, 2015, Defendant A caused a credit guarantee accident due to the registration of credit management information (including default of national taxes) on the grounds of sales progress and excessive competition, and Defendant A incurred a credit guarantee accident due to delinquency in interest payment even on April 10, 2016, as Defendant A incurred a credit guarantee accident due to delinquency in payment of interest.

4) Thereafter, on May 16, 2016, Daegu Bank notified the Plaintiff of the occurrence of a credit guarantee accident by Defendant A, and filed a claim for the performance of the guaranteed obligation under the credit guarantee contract of this case on July 12, 2016. Accordingly, on August 4, 2016, the Plaintiff subrogated KRW 10,133,442 to Daegu Bank on behalf of the Plaintiff. 5) Meanwhile, the Plaintiff spent KRW 129,980 as the legal procedural expenses, such as provisional attachment, to preserve the claim for reimbursement under the credit guarantee contract of this case, and the delay delay interest rate determined by the said credit guarantee contract of this case by the Plaintiff is 12% per annum from the date of subrogation until the date

B. On August 21, 2015, Defendant A, such as the Defendant A’s disposal act, etc., as to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant A, under the pretext of securing the obligation of KRW 20 million to be borne by Defendant C with respect to Defendant B.