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(영문) 서울중앙지방법원 2019.02.26 2018가단5051757
사해행위취소
Text

1. As to KRW 6,435,137 and KRW 6,269,687 among them, Defendant A’s year from February 8, 2018 to June 9, 2018.

Reasons

1. Basic facts

A. (1) On November 29, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the repayment of a loan for corporate driving funds that Defendant A would receive from Nonparty C Bank (hereinafter “Nonindicted Bank”), with the term “20,000,000 (100% of the amount of the guarantee), and until November 29, 2018 (hereinafter “the credit guarantee agreement in this case”).

(2) According to the credit guarantee agreement of this case, ① when the Plaintiff makes a subrogation for a guaranteed obligation to a non-party bank in accordance with the credit guarantee agreement of this case, the Plaintiff agreed to reimburse the amount of subrogation, damages for delay at an interest rate as determined by the Plaintiff from the payment date to the full payment date, ② additional guarantee fee from the day following the payment date of guarantee fee to the day before the expiration date of guarantee, ③ legal procedure expenses incurred by the Plaintiff in exercising or preserving his/her right by discharging the guaranteed obligation. The agreed delay damages determined by the Plaintiff are 10% per annum per annum.

B. On November 29, 2013, the Defendant A, who operated a mutual business entity called the occurrence of a guarantee accident and the payment of a deposit, received a loan of KRW 20,00,000 from the bank from the Plaintiff as collateral. From around September 29, 2017, the occurrence of a guarantee accident occurred. Upon notification of a credit guarantee accident on October 30, 2017, the Plaintiff filed a claim for the performance of the guaranteed obligation with the bank on February 8, 2018, the Plaintiff subrogated the payment of KRW 6,297,487 to the non-party bank as the credit guarantee amount under the credit guarantee agreement of this case, and collected KRW 27,80 after recovery of KRW 6,269,687 as of the date of subrogation.

On the other hand, the Plaintiff spent KRW 165,450 as the cost of preserving the claim for reimbursement.

C. Defendant A’s disposal of real estate indicated in the attached list.

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