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(영문) 서울중앙지방법원 2017.06.14 2015가단5301277
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on September 11, 2014 between Defendant A and C.

Reasons

1. Basic facts

A. On April 25, 2013, the Plaintiff concluded a credit guarantee agreement with D (hereinafter referred to as “D”), with a credit guarantee principal of KRW 50 million, and with a credit guarantee period changed from April 24, 2014 to April 24, 2014 (hereinafter referred to as “first guarantee agreement”), with a credit guarantee agreement (hereinafter referred to as “the first guarantee agreement”), with a credit guarantee principal of KRW 150 million, and with a credit guarantee period changed from April 24, 2014 (hereinafter referred to as “the second guarantee agreement”) until April 24, 2014 (the period changed from April 14, 2015 thereafter) (hereinafter referred to as “the second guarantee agreement”), and when the Plaintiff fulfilled the guaranteed obligation due to an accident, D agreed to pay the amount of the guaranteed obligation, the amount of the repayment of the guaranteed obligation, and other expenses incurred by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment thereof (the rate set by the Plaintiff shall be 12%) and other expenses incurred.

On the other hand, C has jointly and severally guaranteed the obligation under the guarantee agreement of D Nos. 1 and 2.

B. D, on April 25, 2013, extended a loan of KRW 50 million from the Industrial Bank of Korea under the First Guarantee Agreement, and KRW 150 million from the Bank on April 29, 2013, based on the Second Guarantee Agreement.

C. D, on August 30, 2014, lost the benefit of time for each of the above loans due to the interest payment on the Bank on August 30, 2014, and delinquency in the principal payment on August 31, 2014 to the Bank.

On October 30, 2014, the Plaintiff paid 45,461,501 won to the Industrial Bank of Korea under the first guarantee agreement (i.e., the loan principal of KRW 45,000,000) (i.e., KRW 461,501), and on December 4, 2014, the Plaintiff paid 137,320,667 won to the Bank under the second guarantee agreement (i.e., the loan principal of KRW 135,00,000,000), respectively, and paid 1,196,238 won for the preservation of the claim for reimbursement.

C As to the attached list of real estate (hereinafter “instant real estate”), C signed a mortgage contract with Defendant A on September 11, 2014 (hereinafter “mortgage contract”).

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