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(영문) 서울중앙지방법원 2016.12.20 2015가단5341374
사해행위취소
Text

1. As to KRW 19,683,287 and KRW 19,477,247 among the Plaintiff, Defendant A’s year from August 7, 2015 to February 18, 2016.

Reasons

1. Facts of recognition;

A. On September 20, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A as of September 20, 2012 with the guaranteed principal of KRW 30 million, and the term of guarantee as of September 20, 2017 (hereinafter “the instant credit guarantee agreement”), and issued a credit guarantee certificate to Defendant A in accordance with the said credit guarantee agreement.

B. At the time of the instant credit guarantee agreement, Defendant A agreed to compensate the Plaintiff for the expenses incurred in the preservation, transfer, and exercise of the right acquired by subrogation and the performance of the guaranteed obligation, and damages for delay at the interest rate determined by the Plaintiff.

The interest rate for delay determined by the Plaintiff in relation to the credit guarantee agreement of this case is 12% per annum.

C. On September 20, 2012, Defendant A submitted the credit guarantee certificate to the National Bank Co., Ltd. (hereinafter “National Bank”) and borrowed KRW 30 million.

On March 23, 2015, the Plaintiff filed a claim for the performance of the guaranteed obligation, along with the notification from the National Bank on April 23, 2015 that a guaranteed accident occurred due to Defendant A’s principal in arrears. On August 7, 2015, the Plaintiff subrogated to the National Bank KRW 19,712,797 in accordance with the Credit Guarantee Agreement in this case. After recovering KRW 235,550 in advance, the Plaintiff recovered KRW 235,550 in advance and collected KRW 19,47,247 in advance.

The Plaintiff spent KRW 206,040 as the legal procedure cost for the enforcement and preservation of the claim for indemnity.

E. On September 10, 2014, Defendant A entered into a contract with Defendant B to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant contract”) and completed the registration of ownership transfer on September 25, 2014.

F. At the time of the conclusion of the instant sales contract, Defendant A was in excess of the obligation exceeding the positive property.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against the defendant A, the defendant A is entitled to indemnity against the plaintiff 19.

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