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(영문) 대전지방법원 2020.10.21 2019가단127228
사해행위취소.구상금 청구의 소
Text

1. As to KRW 30,975,864 and KRW 30,486,714 among the Plaintiff, Defendant A shall be annually from September 3, 2019 to February 12, 2020.

Reasons

1. Facts of recognition;

A. (1) On October 10, 2018, the Plaintiff entered into a credit guarantee agreement with Defendant A and Defendant A on October 8, 2019 for the guarantee of payment of principal and interest in relation to loans to be received from Defendant A and for the guarantee of payment of the principal and interest, and issued a credit guarantee agreement. (2) In the event that Defendant A fails to perform his/her obligation to repay the loan owed to the lending institution at the time of the said credit guarantee agreement, and the Plaintiff subrogated for the principal and interest of the loan, the Plaintiff agreed to pay damages for delay, fixed damages, attempted penalty, and subrogated payment according to the interest rate prescribed by the Plaintiff from the date the principal and interest of the loan were fulfilled.

B. 1) Defendant A obtained a loan of KRW 30,00,000 from C. On May 11, 2019, the occurrence of a credit guarantee accident for overdue interest occurred. 2) On September 3, 2019, the Plaintiff subrogated for KRW 30,486,714 to C on September 3, 2019 (i.e., principal amount of KRW 30,00,000,000) and KRW 545,600 was incurred for the preservation, transfer and exercise of the right acquired by the Plaintiff’s performance of the guaranteed obligation, but the amount of KRW 56,450 remains as of the present amount of subrogated payment by appropriating KRW 489,150.

3) The interest rate in arrears prescribed by the Plaintiff is 10% per annum from September 3, 2019, which is the date of subrogation, to the date of 10%. (c) Defendant B loaned KRW 237,00,000 in total to Defendant A who is a pro-Japanese employee, on October 14, 2016, and on March 19, 2019, lent KRW 237,000,000 in total to Defendant A, who is the only property of Defendant A and her (hereinafter “instant real estate”).

A) As to the instant real estate on the same day, the mortgage establishment registration was completed with the maximum debt amount of KRW 50,000,000 with respect to the instant real estate (hereinafter “mortgage establishment contract of this case”) and the “mortgage establishment registration of the instant real estate.”

D. At the request of Daejeon District Court D upon the application of C, a senior mortgagee of the instant real estate, the Plaintiff was performing the auction procedure of real estate lease.

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