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(영문) 서울중앙지방법원 2017.11.10 2016가단5160862
사해행위취소
Text

1. As to KRW 9,544,969 and KRW 9,453,830 among the Plaintiff, Defendant A’s annual interest from June 20, 2016 to August 29, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement with respect to the obligation of loans that Defendant A will incur after obtaining a loan from a national bank that is a stock company (hereinafter “instant credit guarantee agreement”) as follows.

(2) According to the credit guarantee agreement in this case, if Defendant A did not pay a loan to the above bank within the due date (including loss of the due date) and the Plaintiff performed the guaranteed obligation on November 2, 2012, the amount of the subrogated payment made by the Plaintiff for the performance of the guaranteed obligation, ② additional guarantee fee from the date following the payment of the guarantee fee for the amount of the terminated credit guarantee to the date preceding the due date of the guarantee termination, ③ additional guarantee fee from the date following the payment of the guarantee fee for the amount of the terminated credit guarantee amount to November 2, 2017, and ③ the Plaintiff shall pay the incidental debt, such as legal procedure expenses, etc. paid by the Plaintiff to exercise or preserve its rights by paying the loan to the above bank.

B. On February 3, 2016, Defendant A caused a credit guarantee accident on the principal and delayed payment, and the Plaintiff subrogated the principal and interest of KRW 9,453,830 to the said bank on June 20, 2016. (2) The Plaintiff spent KRW 180,259 as legal procedure expenses for the enforcement and preservation of the claim for indemnity, and thereafter, recovered KRW 89,120, and collected KRW 91,139 at present.

3) The interest rate for delay determined by the Plaintiff as to the amount of subrogation is 12% per annum from June 20, 2016, which is the date of the said subrogation, to the date of June 20, 2016. (c) Defendant A made the conclusion of the instant sales contract and the registration of transfer of ownership transfer on July 3, 2015 (hereinafter “instant real estate”).

his own account with respect to this case.

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