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(영문) 대구지방법원포항지원 2019.03.28 2018가단102841

사해행위취소

Text

1. As to KRW 81,149,471 and KRW 81,008,736 among the Plaintiff, Defendant A shall be from April 13, 2018 to March 28, 2019.

Reasons

1. Facts of recognition;

A. On March 30, 2010, the Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation agreement with Defendant A (a guarantee amount of KRW 100 million, the final guarantee period of KRW 100 million, and March 23, 2018), and Defendant A loaned KRW 80 million from the C Bank as collateral.

The Plaintiff caused a credit guarantee accident to Defendant A on January 11, 2018. On April 13, 2018, the Plaintiff subrogated 81,008,736 won in total, 79,754,205 won in principal, interest 1,254,531, to Cbank on April 13, 2018. The penalty accrued until the date immediately preceding the date of subrogation is the total of 96,340 won, the remainder of payment by subrogation is 44,395 won, and the agreed damages rate by up to 10% per annum after the date of subrogation.

B. On November 6, 2017, Defendant A, including the conclusion of a sales contract, sold each of the real estate indicated in the order of his own possession to Defendant B, who had a family relationship, and completed the registration of ownership transfer on the same day.

On December 29, 2017, Defendant B entered into a mortgage contract with the maximum debt amount of KRW 19.5 million with respect to each of the above immovables, and completed the establishment registration of a mortgage on the same day.

The market price as of October 17, 2018 of each real estate stated in the order is 44.8 million won in total.

[Ground of recognition] Facts without dispute, Gap 1-8 evidence (including paper numbers), each submission order letter and inquiry letter, market price appraisal commission result, the purport of the whole pleadings

2. According to a credit guarantee agreement, Defendant A is obliged to pay to the Plaintiff legal interest or delay damages calculated at the rate of 10% per annum from April 13, 2018, which is the date of subrogation, to March 28, 2019, and from March 28, 2019, by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, for the following day to the date of full payment, for the amount of 81,008,740 won by subrogation and 81,008,736 won by subrogation.

The plaintiff's total sum of the amount of subrogated penalty and substitute payment shall be 81,395.