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(영문) 인천지방법원 2020.09.10 2019가단256067
사해행위취소
Text

Defendant A’s 36,984,425 won and 35,870,910 won among the Plaintiff’s 36,984,425 won and 35,870,910 won each year from August 20, 2019 to December 4, 2019.

Reasons

1. Facts of recognition;

A. (1) On June 24, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) with the term “the guaranteed amount of KRW 50,000,000,000, the counterpart Cbank (D branch), and the term of guarantee as of June 23, 2021.

(2) According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the amount of the performance, the rate of delay damages as determined by the plaintiff from the date of the performance to the date of repayment, and the delay damages calculated by the calculation method, and all other incidental obligations, etc. paid to the plaintiff for the purpose

(3) The rate of damages for delay determined by the Plaintiff is 10% per annum from May 21, 2018.

(4) Under the credit guarantee certificate issued by the Plaintiff, Defendant A loaned KRW 50,000,000 from C Bank.

B. (1) The Plaintiff’s subrogation (1) did not pay the principal and interest of loan on September 28, 2018; C Bank demanded deposit to the Plaintiff on October 19, 2018; on March 19, 2019, the Plaintiff repaid total amount of KRW 36,085,640 and recovered KRW 214,730.

(2) The remainder remaining after appropriating the repayment amount from the damages for delay from March 19, 2019 to August 19, 2019, which is the date of the Plaintiff’s subrogation, to KRW 1,113,515.

C. On September 5, 2018, Defendant A concluded a contract with Defendant B to sell real estate listed in the separate sheet (hereinafter “instant apartment”) as its sole real estate (hereinafter “instant apartment”) in excess of debt (hereinafter “instant sales contract”) and completed the registration of ownership transfer regarding the instant apartment on October 4, 2018.

[Ground of recognition] Evidence Nos. 1 through 7, Eul-B and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim for reimbursement against Defendant A, the Defendant A [the remainder of the amount of subrogation = 35,870,910 won (36,085,640 won)].

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