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(영문) 창원지방법원 2013.01.18 2011가단40086

사해행위취소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 31,050,597 and KRW 30,502,677 among them, from November 17, 2011 to January 201.

Reasons

1. Basic facts

A. On April 14, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A who operates E, setting the guarantee amount of KRW 85,00,000 as well as the guarantee period of KRW 85,00,00 as well as from April 14, 2008 to April 12, 2013, and at that time, Defendant B guaranteed the Defendant A’s debt such as indemnity amount under the said credit guarantee agreement.

B. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A paid the Plaintiff damages for delay, penalty, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation of claims, etc. within the limit of 25% per annum as stipulated by the Credit Guarantee Fund Act from the date of subrogation to the date of full payment.

C. Defendant A received a loan from a national bank under the instant credit guarantee agreement, but did not pay interest on the principal and interest of the loan, and the credit guarantee accident occurred on August 15, 201.

On October 6, 2011, the Plaintiff was notified by the National Bank of the occurrence of a guarantee accident. Based on the credit guarantee agreement of this case, the Plaintiff subrogated for KRW 30,502,677 to the National Bank on November 17, 2011. At present, the Plaintiff’s claim for reimbursement against Defendant A was KRW 31,050,597, and the interest rate for delay determined by the Plaintiff is KRW 15 per annum.

E. Meanwhile, on July 12, 2011, Defendant A entered into an accord and satisfaction agreement with Defendant C on the instant real estate No. 1 (hereinafter “instant accord and satisfaction agreement”) and completed the registration of ownership transfer with Defendant C on October 11 of the same month.

F. On March 3, 2011, Defendant B entered into a mortgage agreement on the instant real estate No. 2 (hereinafter referred to as “instant mortgage agreement”) with Defendant Eastethyl Co., Ltd. (hereinafter referred to as “Defendant Company”), and on March 4, 201, registered the establishment of a mortgage on March 4, 201 with the Defendant Company as the Defendant Company A and the mortgagee A.