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(영문) 서울중앙지방법원 2016.07.19 2015가단5306609
사해행위취소
Text

1. From June 25, 2014 to May 31, 2015, Defendant A’s KRW 19,590,003 and KRW 19,372,176 among the Plaintiff.

Reasons

1. Basic facts

A. On October 28, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A with respect to a loan obtained from a national bank, a stock company, and issued a credit guarantee statement with the principal of the guarantee (100%) as of October 29, 2018, with the term of guarantee until October 29, 2018. However, where the Plaintiff fulfilled a guarantee obligation under the said credit guarantee agreement, the Defendant A shall pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, ① annually 14% from the date of subrogation until May 31, 2015, and the rate determined by the Plaintiff from the date of subrogation until the date of repayment (12% per annum from the date of delivery of a duplicate of the application for change of the purport of the claim as of September 10, 2015). ② Costs incurred by the Plaintiff for the performance of the guaranteed obligation, ③ expenses incurred by the Plaintiff for the preservation, transfer and exercise of the right acquired by the Plaintiff, ④ additional guarantee fees, late payment fees.

B. Defendant A received a loan from the above national bank on October 28, 2013 using the above credit guarantee certificate. On May 21, 2014, the Plaintiff paid KRW 19,990,616 to the above national bank (interest of KRW 158,828 on the principal amount of KRW 19,831,78) on June 25, 2014 due to the occurrence of a guarantee accident. On the same day, Defendant A recovered KRW 618,40 from the above Defendant on the same day, and collected KRW 237, and the outstanding amount out of the legal procedural costs incurred by the Plaintiff to preserve the claim for indemnity.

C. Meanwhile, on January 28, 2015, the Defendants concluded a sales contract (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property of Defendant A (hereinafter “instant real estate”). On February 17, 2015, the registration of ownership transfer was completed with respect to the instant real estate under Defendant B’s name. The value of the said real estate is as at the time of the said sales contract.

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