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(영문) 서울중앙지방법원 2019.10.10 2019가단5053910

사해행위취소

Text

1. As to KRW 15,815,553 and KRW 15,629,213 among the Plaintiff, Defendant A’s year from February 20, 2019 to April 17, 2019.

Reasons

1. Facts of recognition;

A. Upon Defendant A’s request, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) as of October 18, 2021 with a guarantee amount of KRW 20 million on October 19, 201 and the guarantee period of KRW 20,000 (hereinafter “the instant credit guarantee agreement”) and accordingly, Defendant A borrowed 20,000,000 from C Bank as collateral for the credit guarantee certificate issued by the Plaintiff.

(hereinafter referred to as “instant loan”). (b)

From September 24, 2018, Defendant A delayed repayment of the principal and interest of C Bank from September 24, 2018, and the occurrence of a guarantee accident, the Plaintiff subrogated for KRW 15,629,213 of the principal and interest of the loan in arrears on February 20, 2019 at the request of C Bank.

C. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A shall pay the Plaintiff the amount of performance of the guaranteed obligation, the rate of damages calculated by the Plaintiff’s calculation from the date of performance to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc. (Article 10), etc. (Article 10). Since February 1, 2018, the rate of damages determined by the Plaintiff is 10% per annum, and the remainder of the legal procedure expenses paid by the Plaintiff for the purpose of securing the claim for reimbursement against Defendant A is 186,340 won per annum.

On the other hand, on November 22, 2018, Defendant A entered into a mortgage agreement with Defendant A and the maximum debt amount of KRW 60,000 (hereinafter “instant mortgage agreement”) on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), which was the birth parents of the Gu-dong, and completed the registration of establishment of mortgage (hereinafter “registration of mortgage”). On the 23th of the same month, Defendant A signed a mortgage agreement with Defendant A, the obligor, and the maximum debt amount of KRW 60,000,00,000 (hereinafter “instant mortgage agreement”).

E. At the time of entering into the instant mortgage contract, Defendant A, an active property, approximately KRW 187,743, and KRW 250 = Each of the instant real estates, and KRW 172,678.