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(영문) 대전지방법원천안지원 2017.10.24 2017가단102552
사해행위취소
Text

1. Defendant A’s year from August 3, 2016 to June 29, 2017, with respect to KRW 20,642,934 and KRW 20,254,004 among the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement with Defendant A on June 21, 2013 (hereinafter “the credit guarantee agreement of this case”) provides a credit guarantee agreement with the effect that the Plaintiff borrowed KRW 20,000,000 from Defendant A’s branch office in the Nong Bank as a result of the loan of KRW 20,00,000 from Defendant A to the said Nonghyup Bank (hereinafter “the credit guarantee agreement of this case”).

(2) On April 20, 2016, Defendant A did not pay interest on the above loan and caused a credit guarantee accident. The Plaintiff subrogated to the Nonghyup Bank totaling KRW 20,254,000 for the principal and interest of the loan on August 3, 2016 according to the instant credit guarantee agreement.

3) At the time of the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff, when the Plaintiff performed the guaranteed obligation, the amount of the performance, delay damages in accordance with the interest rate set by the Plaintiff, the performance of the guaranteed obligation, and the expenses required for compensating for and exercising the right to indemnity, and to pay the overdue fees and additional guarantee fees. The agreed interest rate for delay under the instant credit guarantee agreement was 12% per annum from the date of subrogation, and the Plaintiff spent 341,000 won for legal procedure expenses to preserve the claim for indemnity, and the additional guarantee fee was 47,890 won due to the guarantee period. (B) Defendant D’s act of establishing a collateral security interest by Defendant A was between Defendant B and Defendant B on March 28, 2016 (hereinafter “instant real property”).

As to the maximum debt amount of KRW 45,00,000, and the right to collateral security against Defendant A and the mortgagee B (hereinafter “instant right to collateral security”).

(C) Pursuant to the conclusion of the contract, the establishment of a mortgage was completed as of March 28, 2016 by the court No. 18107, which was received on March 28, 2016. The status of the property of Defendant A at the time of the contract to establish a mortgage of this case is as follows: ① The real estate price of this case is KRW 46,00,000, ② the real estate price of KRW 102, 402, and KRW 84.5821,00 square meters of the building E in Seog-gu, Seoan-gu,

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