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(영문) 서울중앙지방법원 2017.02.16 2015가단5331766
사해행위취소
Text

1. The defendant is within the scope of the property inherited from the deceased B, and KRW 32,605,523 among them and KRW 32,403 among them.

Reasons

1. Basic facts

A. On September 6, 2011, the Plaintiff entered into a credit guarantee agreement with B, setting the principal of the guarantee as KRW 45 million.

B. B obtained a loan of KRW 50 million from a national bank using the said credit guarantee certificate.

C. A credit guarantee accident occurred on January 22, 2014 due to failure to pay the principal and interest of loan. Accordingly, on June 27, 2014, the Plaintiff repaid 46,771,335 won of the principal and interest of loan to a national bank in subrogation of B on June 27, 2014. After recovering 14,367,556 won, the amount of subrogation was collected in KRW 32,403,779, and the amount of subrogation was additionally collected in KRW 18,894, and the balance of the bond reserve expense was KRW 182,850.

B died on April 27, 2016, and there was a trial to accept the report of inheritance limited acceptance as of November 4, 2016 against the defendant of B's spouse, who was the inheritor, and the rest of inheritors renounced inheritance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 32,605,523 won with indemnity, etc. and 32,403,779 won among them within the scope of the property inherited from the deceased B.

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