beta
(영문) 수원지방법원 2020.01.15 2018가단514169

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff between C and C (hereinafter “C”) on March 13, 2013, and C Co., Ltd. (hereinafter “E”)

(C) A credit guarantee agreement was concluded with respect to the obligation to repay the principal and interest of loan (hereinafter “the instant credit guarantee agreement”) to be incurred by obtaining a loan from [the consolidation] and issued a credit guarantee agreement with the said bank as of March 12, 2014, covering the guaranteed amount of KRW 90 million and the guarantee period of the said bank.

(The guarantee period is extended until March 10, 2017, and the guarantee amount is changed to 6,8850,000 won). C representative director, C representative director, C representative director, guaranteed C’s obligation to pay indemnity to the Plaintiff.

B. C was loaned KRW 100 million on March 14, 2013 as security by the said guarantee.

On November 8, 2016, a credit guarantee accident occurred due to the registration of credit management information. Accordingly, on April 17, 2017, the Plaintiff subrogated for KRW 69,096,724 of the principal and interest of loan to E. As a result of collecting a part of the amount, 59,670,386 of the amount of subrogated was remaining, and 45,712 of the finalized amount was incurred.

In addition, 27,160 won has occurred, and 960,415 won has been paid by subrogation due to claims preservation measures, etc.

Accordingly, the Plaintiff, as to B, 60,703,673 won (i.e., 59,670,386 won in the remainder of the subrogated amount (27,160 won in the remainder of the site deposit of KRW 45,712,715), and the remainder of the subrogated amount of KRW 59,670,386 in 10% per annum from April 17, 2017, the date of subrogation, to the date of full payment (i.e., payment of damages in accordance with the interest rate set by the Plaintiff as to the subrogated amount at the time of the credit guarantee agreement of this case) (hereinafter “the Plaintiff and C”), has a claim for delay damages (hereinafter “the interest rate of KRW 10% per annum”).

C. B On May 24, 2017, with respect to each of the real estate listed in the separate sheet No. B (hereinafter “each of the instant real estate”) owned by the Defendant, who is the type of the Defendant, the Defendant and the Defendant, the Defendant, this case is less than the donation contract.