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(영문) 서울중앙지방법원 2018.05.14 2017가단5217574
사해행위취소
Text

1. Defendant A’s KRW 25,858,408 as well as 10% per annum from October 20, 2017 to January 17, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against Defendant A 1) The Plaintiff entered into a credit guarantee agreement with Defendant A on September 1, 2015 with a guarantee period of KRW 30,000,000, by September 11, 2020 (hereinafter “instant guarantee agreement”).

(2) Around May 12, 2017, Defendant A borrowed KRW 30,000,000 from a new bank as a security for the guarantee under the instant guarantee agreement. Defendant A incurred a credit guarantee accident that, on or before May 12, 2017, lost the interest on the said loan due to delinquency, and the Plaintiff subrogated Defendant A’s debt 25,967,548 to the new bank on October 20, 2017.

The amount of 109,140 won out of the amount paid by the Plaintiff is 25,858,408 won, and the amount of damages determined by the Plaintiff is 10% per annum.

B. On April 6, 2017, Defendant A entered into a sales contract with Defendant B, C (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) which is one of the only property of the Defendants, and completed the registration of ownership transfer with respect to each of the said real estate to Defendant B and C.

C. Defendant A’s property condition exceeded the obligation at the time of entering into the instant sales contract, and Defendant A did not have any property other than the instant real estate.

1) On August 16, 2016, the day before the conclusion of the instant sales contract with respect to the instant real estate, the 130,000,000 won with respect to the maximum debt amount, and the debtor A and the mortgage A (hereinafter referred to as the “Mymar Union”).

) The right to collateral security (hereinafter “instant right to collateral security”) and the right to collateral security (hereinafter “mortgage”), the obligor A, and the right to collateral security (hereinafter “the right to collateral security”) on November 1, 2016, the maximum debt amount of which is KRW 39,00,000,000,

(2) On April 7, 2017, the instant mortgage was cancelled. 2) At the time of the conclusion of the instant sales contract.

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