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(영문) 창원지방법원 2016.10.06 2015가단85193
사해행위취소
Text

1. As to KRW 51,341,672 and KRW 50,573,012 among the Plaintiff, Defendant A’s year from September 25, 2015 to January 7, 2016.

Reasons

1. Basic facts

A. Defendant A borrowed KRW 30,00,000 from the National Bank on May 24, 2013 under the Plaintiff’s credit guarantee, and KRW 20,000 on October 21, 2013, Defendant A caused a credit guarantee accident where the maturity of other credit is expired on May 24, 2015 during the respective credit guarantee period.

B. The Plaintiff subrogated to the National Bank totaling KRW 50,537,012 on September 25, 2015 in accordance with the credit guarantee agreement with the said Defendant.

C. On June 13, 2014, Defendant A entered into a mortgage establishment agreement with Defendant B with the maximum debt amount of KRW 100,000,000 with respect to real estate stated in the separate sheet (hereinafter “mortgage establishment agreement”). Based on this, Defendant A completed the registration of establishment of a mortgage with the Changwon District Court No. 44377, Jun. 13, 2014, which was received on the ground of the aforementioned agreement.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

At the time of the credit guarantee agreement, Defendant A agreed to pay to the Plaintiff the attempted penalty, the expenses for preserving the claim for reimbursement, and the damages for delay after the date of subrogation from the expiration of the guarantee term until the date of subrogation. The amount of the attempted additional fees incurred by the said subrogation is KRW 149,170, and the amount paid by the Plaintiff as expenses for preserving the claim for reimbursement is KRW 619,490, and the delayed interest rate after the date of subrogation is 12% per annum

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, the court's fact-finding response to the intellectual information and the fact-finding response to the ordinary south of Korea, the purport of the whole pleadings

2. According to the facts of determination as to the claim for indemnity, Defendant A is obliged to pay the Plaintiff the amount of KRW 51,134,672 (the amount of KRW 50,573,012 (the legal procedure cost of KRW 149,170) and the amount of KRW 50,573,012, whichever is the date of subrogation, to the Plaintiff, KRW 12% per annum from September 25, 2015, which is the date of subrogation, until January 7, 2016, and the amount of KRW 50,573,012, which is the date of payment, from the next day to the date of full payment.

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