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(영문) 대전지방법원 2021.02.18 2020가단110219
사해행위취소.구상금 청구의 소
Text

1. Defendant A’s 31,180,740 won and 30,614,850 won among the Plaintiff’s 31,614,850 won annually from March 16, 2020 to April 14, 2020.

Reasons

1. Basic facts

A. On April 1, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with the principal of credit guarantee amounting to KRW 29,750,00,00 and the credit guarantee period up to March 28, 2018.

Since then, the credit guarantee period was changed to March 27, 2020.

B. Defendant A agreed to pay to the Plaintiff delayed damages, finalized damages, failed penalty, and subrogated payment according to the interest rate determined by the Plaintiff from the date the Plaintiff performed the principal of the loan, when the Plaintiff subrogated repayment of the principal and interest of the loan by failing to perform the obligation to repay the loan incurred by the said Defendant to the lending institution.

(c)

Defendant A loaned KRW 35,00,00 from C Bank on April 1, 2016 as collateral a credit guarantee certificate issued in accordance with the above credit guarantee agreement, but there was an accident of credit guarantee that loses the benefit of the repayment due to this natural body on August 30, 2019.

(d)

On March 16, 2020, the Plaintiff subrogated to C Bank to pay KRW 30,614,850 (i.e., KRW 29,750,000 interest at KRW 864,850) in accordance with the credit guarantee agreement.

In order to preserve, transfer, and exercise the right acquired through the performance of the above guaranteed obligation, the Plaintiff paid 596,600 won by subrogation, and 30,710 won by reimbursement and 565,890 won by subrogation remains.

E. The rate of damages for delay against the subrogated amount determined by the Plaintiff is 10% per annum.

F. On the other hand, on July 11, 2019, Defendant A entered into a mortgage agreement with Defendant B on the amount of KRW 40,000,000 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) as “Defendant A and Defendant B” (hereinafter “the instant mortgage agreement”). On the same day, Defendant B completed the registration of the establishment of the right to collateral security (56376), which was received on July 11, 2019, with respect to the instant real estate, on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including various numbers; hereinafter the same shall apply).

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