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(영문) 서울중앙지방법원 2017.08.31 2016가단5203592
사해행위취소
Text

1. As to KRW 10,377,611 and KRW 10,162,334 among the Plaintiff, Defendant A’s year from June 7, 2016 to October 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against Defendant A 1) The Plaintiff, on October 23, 2012, set the credit guarantee principal of the credit guarantee principal at KRW 3 million and the credit guarantee term as at December 21, 2016 between Defendant A and Defendant A (hereinafter “instant credit guarantee agreement”).

(2) Under the instant credit guarantee agreement, Defendant A concluded a credit guarantee agreement and issued a credit guarantee certificate to Defendant A, and Defendant A received a loan from the new bank on the same day. According to the credit guarantee agreement, if Defendant A did not pay a loan, which is the principal obligation of the Plaintiff’s guarantee, to the new bank, within the due date (including loss of the due date) and the Plaintiff claims for the performance of the guaranteed obligation from the new bank, Defendant A shall also pay to the Plaintiff the additional guarantee fee from the date following the guarantee fee to the due date of the expiration of the guarantee, to the due date of the payment, and to the due date from the due date of the payment to the due date of the payment, to the due date of the payment of the amount of the subrogation payment made by the Plaintiff for the performance of the guaranteed obligation, the additional guarantee fee from the date of the guarantee fee to the due date of the expiration of the guaranteed obligation, and the legal procedure expenses (payment on behalf of the Plaintiff) paid by the Plaintiff to the new bank on November 24, 2015; the new bank notified the Plaintiff on March 16, 17, 206.

3) The Plaintiff spent KRW 340,233 as the legal procedure cost for the enforcement and preservation of the claim for reimbursement based on the said subrogation, and recovered KRW 124,956 and recovered KRW 215,277 as the current amount. 4) The Plaintiff’s interest rate for delay damages is 12% per annum from June 7, 2016, which is the date of the said subrogation to the present date.

B. Defendant A’s establishment of the right to collateral security against Defendant B on December 24, 2015.

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