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(영문) 서울중앙지방법원 2015.05.28 2014가단5217191

사해행위취소

Text

1. Defendant A’s KRW 4,167,013 and KRW 3,850,823 among the Plaintiff’s KRW 15% per annum from March 5, 2014 to August 13, 2014.

Reasons

1. Facts of recognition;

A. A. Around July 22, 2009, the Plaintiff entered into a credit guarantee agreement and a loan (1) with Defendant A, setting the credit guarantee agreement as of July 22, 2014 with respect to a pecuniary obligation to be borne by Defendant A from the Korea Standards Bank (hereinafter “SP”) (hereinafter “SA”), with respect to which the Plaintiff would be borne by Defendant A, as of the credit guarantee limit of KRW 15,000,000, and the guarantee period, and issued a credit guarantee agreement with the Nonparty bank.

(2) As security, Defendant A was loaned KRW 15,00,000 from Nonparty bank in installments and due date for repayment of principal and interest, with the Plaintiff’s credit guarantee statement set on July 22, 2014.

B. The occurrence and scope of the claim for reimbursement (1) Defendant A lost the benefit of time against the non-party bank due to the delayed repayment on August 23, 2013.

(2) On March 5, 2014, the Plaintiff subrogated for KRW 3,850,823 of the principal and interest of loan to the bank of Nonparty bank upon receiving a claim for deposit from Nonparty bank.

(3) At the time of a credit guarantee agreement, Defendant A paid a certain rate of guarantee fees as stipulated in Article 27 of the Regional Credit Guarantee Foundation Act, and an attempted guarantee fee not paid for the said guarantee is KRW 61,270.

(4) At the time of a credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff’s guarantee liability payment and other expenses incurred in the exercise or preservation of the Plaintiff’s other rights, and the Plaintiff spent KRW 350,070 as the expenses for the preservation of claims in relation to the guarantee. Of which, the Plaintiff collected KRW 95,150 and collected KRW 254,920,

(5) From the performance of a guaranteed obligation under a credit guarantee agreement, the Plaintiff agreed to pay damages for the performance of a guaranteed obligation at an interest rate determined by the Plaintiff. The currently determined interest rate of the Plaintiff is 15% per annum.

C. (1) Defendant A owns each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the registration of creation of a mortgage in the name of Defendant B (hereinafter “each of the instant real estate”) and, individually, between Defendant B and Defendant B on September 16, 2013.