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(영문) 서울중앙지방법원 2013.07.25 2013가단5035569
사해행위취소
Text

1. As to KRW 39,187,387 and KRW 39,187,235 among the Plaintiff, Defendant A shall be from December 28, 2012 to March 28, 2013.

Reasons

1. Facts of recognition;

A. On August 4, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A with the guarantee principal of KRW 42,500,000, and the guarantee period of KRW 42,500,000 from August 4, 201 to August 3, 2011. The Defendant A obtained a credit guarantee agreement from the National Bank of Korea on August 5, 2010 and obtained a loan of KRW 50,00,000 from the National Bank of Korea. The said credit guarantee agreement was modified as of August 2, 2013.

B. As a result of the closure of Defendant A’s business, the Plaintiff lost the benefit of time on November 1, 2012, according to the aforementioned credit guarantee agreement, on December 28, 2012, by subrogation of the Defendant A, paid the principal amount of KRW 39,652,145 (i.e., the principal amount of KRW 39,100,000) to the National Bank of Korea on December 28, 2012 (i.e., the principal amount of KRW 552,145), and on the same day, recovered KRW 464,910 on the same day and the amount of subrogation

C. At the time of the above credit guarantee agreement, the rate of delay interest determined by the Plaintiff is 12% per annum, and the daily fixed damages for the amount recovered are 152 won.

Defendant A owned 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant apartment”). On October 12, 2012, Defendant A entered into a sales contract with Defendant B to sell the instant apartment at KRW 180,000,000 with the purchase price, along with other equity right holders C, and completed each share transfer registration with respect to the instant apartment on October 22, 2012.

(A) The sales contract between Defendant A and Defendant B among the above sales contract is “the instant sales contract,” and the registration of transfer of shares of Defendant A among the instant apartment units is “the instant transfer of shares.”

With respect to the apartment of this case, the registration of establishment of a neighboring mortgage was completed, which was established as the debtor A, Defendant A, and Hyundai Capital Co., Ltd., with the maximum debt amount of KRW 196,800,000, and the registration of establishment of a neighboring mortgage was revoked on October 23, 2012, which was after the sales contract of this case.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Defendant.

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