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(영문) 서울중앙지방법원 2018.04.10 2017가단5169248
사해행위취소
Text

17,030 won and its 16,121,739 won and its 12% per annum from August 10, 2017 to September 28, 2017.

Reasons

1. The Plaintiff entered into the instant credit guarantee agreement with Defendant A on July 30, 2015, and provided a credit guarantee to Defendant A with respect to the principal and interest to be borne by receiving a loan from the C Bank.

According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A shall pay to the Plaintiff all incidental obligations, such as the amount subrogated by the Plaintiff, damages after the date of performance, and other legal procedure costs incurred by the Plaintiff for delay.

Defendant A did not pay interest on loans from April 30, 2017.

Accordingly, the plaintiff on behalf of the defendant A

8. 10. C Bank’s repayment of KRW 16,369,579 to C Bank and KRW 247,840 immediately after the repayment of the subrogated amount to be appropriated for the subrogated amount, the remainder of the subrogated amount was KRW 16,121,739.

The Plaintiff’s interest rate on subrogation is 12% per annum. As such, 81 won (=247,840 won x 12% x 12% x 1/365) for 247,840 won recovered above. The amount of legal procedural expenses paid by the Plaintiff for delay in order to secure the claim for reimbursement against Defendant A is 395,210 won.

Defendant A entered into the instant sales contract with Defendant B on May 11, 2017 by setting the sales amount of KRW 15 million with respect to the real estate stated in the attached Form, which is the only property owned by Defendant A, as the purchase price.

6. 15. The registration of ownership transfer was made in Defendant B’s name.

After the registration of transfer of ownership, the right to collateral security in the name of the bank was cancelled in the name of the maximum debt amount of KRW 19,350,000,000.

[Ground of recognition] Facts without dispute, Gap 1 through 8, the purport of the whole pleadings

2. Determination:

A. According to the facts acknowledged before the obligation to pay indemnity, Defendant A is liable to serve the Plaintiff with a copy of the complaint from August 10, 2017, as the date of subrogation for KRW 16,517,030 (=the remaining amount of subrogated payment of KRW 16,121,739, KRW 810, KRW 395, KRW 16,121,739).

9. By the end of 28.1% per annum as provided for in the Arrangement.

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