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(영문) 전주지방법원 2017.07.05 2015가단31188

구상금 및 사해행위취소

Text

1. As to KRW 68,736,426 and KRW 68,389,556 among the Plaintiff, Defendant A’s year from September 2, 2015 to December 29, 2015.

Reasons

1. Facts of recognition;

A. Defendant A, on September 26, 2012, obtained a loan from the Jeonbuk Bank, on September 25, 2012, with the guarantee principal amounting to KRW 90 million between the Plaintiff and the Plaintiff, and the guarantee period from September 25, 2012 to 2013

9. The credit guarantee agreement was concluded until September 24, 201, and thereafter the guaranteed principal was reduced to KRW 90 million, and the guarantee period was extended to September 24, 2015.

According to the above credit guarantee agreement, where the Plaintiff discharges the guaranteed obligation due to Defendant A’s failure to perform the principal obligation, Defendant A shall reimburse the amount of the repayment of the guaranteed obligation and the amount of damages calculated at the rate prescribed by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation.

B. However, Defendant A’s delinquency in paying the principal and interest of loan, on September 2, 2015, paid 68,389,556 won to the Jeonbuk Bank on behalf of the Plaintiff, and the remaining amount after collecting part of the amount incurred by the Plaintiff in order to preserve the claim for reimbursement due to subrogation is 346,870 won, and the rate of damages determined by the Plaintiff is 12% per annum after December 1, 2012.

C. On the other hand, on January 6, 2015, Defendant A completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) based on the same date (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the same date to Defendant B on January 6, 2015.

Since then, the right to collateral security, which was established on each of the instant real estates, was cancelled due to the termination of each of the same dates on January 21, 2015, with the maximum debt amount of 780 million won on November 24, 2006, and with the maximum debt amount of 386,100,000 on June 11, 2010.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 8 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the claim for reimbursement against Defendant A, Defendant A shall be liable to the Plaintiff for reimbursement on 68,736.