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(영문) 대전지방법원천안지원 2016.10.20 2015가단108402
사해행위취소
Text

1. As to KRW 11,291,590 and KRW 10,352,00 among the Plaintiff, Defendant A’s year from February 6, 2015 to October 9, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On September 24, 2009, the Plaintiff is between Defendant A and Defendant A, and Defendant A is the Gangnam Community Credit Cooperatives (hereinafter “Sule Community Credit Cooperatives”).

A) A credit guarantee agreement stipulating that the credit guarantee principal shall be KRW 10,00,000, and the credit guarantee period shall be from September 24, 2009 to September 22, 2014 (hereinafter “instant credit guarantee agreement”) to guarantee the repayment of the principal and interest of loans to Defendant A community credit cooperatives (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation to the community credit cooperative by subrogation of the Plaintiff on the ground that Defendant A did not perform the above loan obligation to the community credit cooperative, the Defendant A shall pay the amount of guarantee performance and the expenses incurred in performing the guaranteed obligation, the expenses incurred in relation to the performance of the guaranteed obligation from the date of performance to the date of repayment, the preservation of the right acquired through the performance of the guaranteed obligation, beauty, guarantee fee, penalty, etc

The rate of damages for delay determined by the Plaintiff is 12% per annum from January 1, 2014 to the date.

3) Defendant A provided a loan from community credit cooperatives under a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, but on September 23, 2014, a credit guarantee accident occurred on September 23, 2014. (4) On February 6, 2015, the Plaintiff subrogated to community credit cooperatives for KRW 10,352,000 (= Principal KRW 10,000,000) in accordance with the instant credit guarantee agreement.

5) The Plaintiff spent 883,700 won to Defendant A for the preservation of the claim for reimbursement against the Defendant. The fees additionally incurred due to the said subrogation are 55,890 won. (B) Defendant A’s act of disposing of the instant real estate by Defendant A, etc. (i) Defendant A’s act of disposing the property with Defendant A, etc.), on September 1, 2014, the maximum debt amount is 50,000,000 won with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) between Defendant A and Defendant B, and the debtor A and the mortgagee B.

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