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(영문) 서울중앙지방법원 2015.02.06 2014가단5108433
사해행위취소
Text

1. As to KRW 8,014,079 and KRW 7,695,979 among the Plaintiff, Defendant A’s year from April 2, 2014 to November 3, 2014.

Reasons

1. Facts of recognition;

A. On August 5, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A, which operates a restaurant called “Ccafeteria” (hereinafter “instant credit guarantee agreement”) and issued a written credit guarantee agreement with the term of August 5, 2015. According to the credit guarantee agreement of this case, where the Defendant A violated the obligation to perform the principal obligation, received the notice of a credit guarantee accident from the creditor, or where the Defendant A closed down the business, the Defendant A bears the obligation to repay the Plaintiff in advance (Article 5(1) of the Credit Guarantee Agreement). In the event the Plaintiff performed the guaranteed obligation, the Defendant A pays the Plaintiff the amount of the obligation to repay the guaranteed obligation at the rate of damages determined by the Plaintiff from the payment date to the date of the payment, ② damages for delay required for the execution, preservation, exercise, etc. of the obligation.

(Article 10 of the Credit Guarantee Agreement). The rate of delay damages determined by the Plaintiff is 14% per annum from December 2, 2010 to the date of closing argument of this case.

B. On August 5, 2010, Defendant A submitted the said credit guarantee to the Council of the Government Saemaul, and received the said credit guarantee amounting to KRW 20 million from the Federation’s corporate policy loan.

C. On April 11, 201, Defendant A discontinued a restaurant, and caused a credit guarantee accident, the KCAF notified the Plaintiff of the credit guarantee accident. On April 2, 2014, the Plaintiff subrogated to the KCAF on behalf of the KCAF, and paid KRW 446,560 as the legal procedure cost for the preservation of the claim for reimbursement, and recovered KRW 128,460 among them.

Defendant A made the registration of ownership transfer on the same day on the grounds of sale on February 18, 2013 (hereinafter “instant sale”) with respect to the real estate listed in the attached list (hereinafter “instant apartment”).

[Ground of recognition] Unsatisfy, Gap evidence 1.

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