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(영문) 대구지방법원포항지원 2016.09.20 2015가단304868

사해행위취소

Text

1. As to KRW 45,806,135 and KRW 45,450,775 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from October 5, 2015 to January 7, 2016.

Reasons

1. Facts of recognition;

A. On August 29, 2013, the Plaintiff issued to Defendant A a credit guarantee certificate stating that: (a) the principal guaranteed to Defendant A was KRW 45,000,000; and (b) the guarantee certificate was extended from August 29, 2013 to August 28, 2014 (which was extended to August 28, 2015); and (c) Defendant A guaranteed KRW 45,00,000 as a loan borrowed from the Industrial Bank of Korea.

(hereinafter “instant credit guarantee agreement.” The content of the instant credit guarantee agreement is that when the Plaintiff fulfilled the guaranteed obligation, Defendant A shall pay the Plaintiff the amount of subrogation, damages for delay, penalty, expenses incurred in performing the guaranteed obligation, expenses incurred in compensating for, transferring and exercising the right, etc.

B. From October 5, 2015, the rate of delay damages determined by the Plaintiff is 12% per annum.

C. On June 30, 2015, Defendant A’s credit guarantee accident occurred due to the closure of his/her operation, and the Plaintiff subrogated for KRW 45,450,775 to the Industrial Bank of Korea on October 5, 2015. Penalty for breach of guarantee fees is KRW 82,100, and the procedure cost is KRW 273,260.

On July 16, 2015, Defendant A sold real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B for KRW 140,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer as of July 17, 2015, the Daegu District Court Port Branch Decision No. 71306, Jul. 17, 2015.

E. At the time of the instant sales contract, Defendant A did not have any assets other than the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and fact-finding results by the court below's fact-finding, the purport of whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant A, the defendant A, as the obligor for indemnity, shall bear 45,806,135 won in total, including the amount of subrogated payment, penalty, and expenses for unrefied recovery to the Bank of Korea (=273,260 won in the procedure of penalty of 82,100 won in subrogation) and the amount of subrogated payment (273,260 won in total).