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(영문) 창원지방법원 2016.11.22 2015가단83746
사해행위취소
Text

1. As to the Plaintiff, Defendant A’s KRW 46,046,369 and KRW 45,502,619 among them, the period from June 30, 2015 to the date of full payment.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 7; and (c) Nos. 1 and 5; and (c) the purport of the entire pleadings as to an order to submit financial transaction information to the Korea Housing Finance Corporation.

(1) On April 18, 2013, the Plaintiff and Defendant A extended KRW 50,00,00 from the Nonghyup Bank Co., Ltd., thereby guaranteeing the Defendant’s loan obligations (the term of guarantee is changed to April 18, 2015 when it was the first date on April 18, 2014). In the event that the Plaintiff repays the loan obligations, the Plaintiff’s credit guarantee agreement between the said Defendant and Defendant A (hereinafter “the instant credit guarantee agreement”) with the effect that the said Defendant would refund the said repayment amount to the Plaintiff and the damages for delay in accordance with the interest rate determined by the Plaintiff after the date on which the repayment was made (hereinafter “instant repayment period”).

(2) On February 24, 2015, when a guarantee accident occurred due to Defendant A’s transfer of natural body or closure of business, the said Defendant concluded a loan from the Nonghyup Bank under the Plaintiff’s credit guarantee. On June 30, 2015, the said Defendant requested the Plaintiff to pay the guaranteed obligation. Accordingly, the Plaintiff subrogated for the principal and interest of loan 45,502,619 won on June 30, 2015. In addition, the Plaintiff did not recover from the said Defendant the provisional payment amount of KRW 414,300 and additional guarantee fees of KRW 129,450.

On the other hand, the rate of damages for delay is 12% per annum after the date of payment by subrogation.

B. Defendant A’s dispositive act 1) Defendant A’s apartment as indicated in the separate sheet (hereinafter “instant apartment”) between Defendant B and his wife on January 21, 2015.

(2) As to the donation contract (hereinafter “instant contract”)

(2) On January 22, 2015, Defendant B entered into the ownership transfer registration (hereinafter “instant ownership transfer registration”) and entered into the ownership transfer registration.

(2) On the other hand, with respect to the apartment of this case, on December 26, 2012, prior to the conclusion of the gift contract of this case, the maximum debt amount shall be 72,000.

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