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(영문) 인천지방법원 2018.01.17 2016가단245851
사해행위취소
Text

1. As to KRW 43,362,701 and KRW 43,362,675 among the Plaintiff, Defendant A shall be from October 10, 2016 to December 10, 2016.

Reasons

1. Facts of recognition;

A. On July 14, 2016, the Plaintiff received a decision on personal bankruptcy by Defendant A after the closing of argument in the instant case, and the Plaintiff was submitted a written request for the interruption of proceedings from Defendant A trustee in bankruptcy (on November 8, 2017) and was made for the guidance of taking the proceedings, but the proceedings were not taken over, and the proceedings were suspended at the stage of the closure of pleadings. As such, the Plaintiff is sentenced to a judgment (Article 247(1) of the Civil Procedure Act) and the judgment is rendered even when the proceedings are suspended at the stage of the closure of pleadings (Article 247(1) of the Civil Procedure Act). (Name C) and the amount guaranteed by Defendant A as of July 13, 2017, setting the period of guarantee as of July 13, 2017.

(2) A credit guarantee agreement to guarantee the payment of principal and interest of loan to be borne by the principal and interest of loan (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement in this case, when the Plaintiff performed the guaranteed obligation, the Defendant A agreed to pay the amount of performance and the amount of delay calculated by multiplying the amount of performance by the rate prescribed by the Plaintiff (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016) from the date of performance of the guaranteed obligation to the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, unpaid guarantee fee, delay guarantee fee, penalty, insurance premium paid by the Plaintiff on behalf of the Plaintiff, compensation for execution of the guaranteed obligation, exercise

3) On July 31, 2016, Defendant A obtained a loan from a new bank under the above credit guarantee agreement, and lost the interest due to a credit guarantee accident (closed business). 4) On October 10, 2016, the Plaintiff subrogated to the new bank for KRW 43,458,75 of the principal and interest due to the instant credit guarantee agreement, and as of the above date, the Plaintiff’s claim for indemnity amount against Defendant A as of the above date is 43,362,675 won.

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