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(영문) 서울중앙지방법원 2014.01.09 2013가단5121019

사해행위취소

Text

1. Defendant A’s annual interest in KRW 9,436,503 and KRW 9,169,963 among the Plaintiff, from May 13, 2013 to September 27, 2013.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on February 23, 2009, with the guaranteed principal of KRW 10,000,000,000, and the term of guarantee as of February 21, 2014 (hereinafter “first guarantee”). Defendant A obtained a credit guarantee certificate from the Plaintiff and borrowed KRW 10,000,000 from a new bank.

B. The Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on July 11, 2012 with the guaranteed principal of KRW 5,950,00,000, and the term of guarantee as of July 11, 2017 (hereinafter “second guarantee”). Defendant A received a loan of KRW 7,00,000 from the North Korea Saemaul Bank after obtaining a credit guarantee certificate from the Plaintiff.

C. On October 12, 2012, when a guarantee accident occurred due to the delinquency of principal, etc. of Defendant A on November 2, 2012, the guarantee accident occurred again due to delinquency of interest of Defendant A on December 12, 2013. However, on May 13, 2013, the Plaintiff paid to the New Bank Co., Ltd. the principal amount of KRW 3,180,313 (= principal amount of KRW 3,124,995 interest KRW 5,318) in accordance with the first guarantee under the second guarantee (= principal amount of KRW 5,950,000), and to the North Korea Saemaul Bank, respectively, the principal amount of KRW 6,154,00 in accordance with the second guarantee (= principal amount of KRW 5,950,000).

On May 13, 2013, the Plaintiff collected KRW 17,150 and KRW 147,200 in relation to the second guarantee, respectively, and collected KRW 9,169,963 in total (i.e., the unpaid amount of subrogation related to the first guarantee 3,163,163, and KRW 6,006,80 in unpaid amount of subrogation related to the second guarantee).

E. The Plaintiff spent KRW 266,540 as legal procedure costs to preserve the claim for indemnity, and the delay interest rate applied after the date of subrogation is 15% per annum.

F. Meanwhile, on April 19, 2013, Defendant A entered into a sales contract for each real estate listed in the separate sheet No. 1 (hereinafter “the first sales contract”) with Defendant C on the same day, and entered into a sales contract with Defendant C on each real estate listed in the separate sheet No. 2 (hereinafter “each real estate of this case”) (hereinafter “the second sales contract”).