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(영문) 인천지방법원 2015.09.24 2014가단246423
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 45,616,906 and KRW 43,301,595 among them, from September 27, 2014 to October 2014.

Reasons

1. Basic facts

A. On January 17, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A on January 16, 2013, which provides for a credit guarantee agreement with the guaranteed principal of KRW 42,50,000,000 in order to guarantee a loan from the SC Japan bank, and the guarantee term of KRW 16, 2013 (amended by January 16, 2014) (hereinafter “instant credit guarantee agreement”).

B. Upon entering into the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff with the payment of the subrogated amount and damages for delay as determined by the Plaintiff from the date of the repayment thereof (12% per annum from January 2012 to January 2012 under Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation, and Defendant B jointly and severally guaranteed Defendant A’s obligation.

C. Defendant A submitted a credit guarantee statement issued in accordance with the instant credit guarantee agreement to the SC Japan Bank and borrowed KRW 50,000,000 from the said bank, but on December 27, 2013, there was an accident of late payment of interest on the said loan.

Accordingly, on April 30, 2014, the Plaintiff subrogated for KRW 43,301,595 to the SCB bank. Accordingly, on September 26, 2014, the Plaintiff incurred KRW 43,301,595, delay damages, delay damages, and additional guarantee fees of KRW 2,135,421, and KRW 179,890.

E. Meanwhile, on April 25, 2013, Defendant B entered into a sales contract to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property to Defendant C, the mother, for KRW 330,000,000 (hereinafter “instant sales contract”), which is the only property of Defendant C (hereinafter “instant real estate”). Accordingly, Defendant B completed the registration of ownership transfer as to the instant real estate by receipt of the Incheon District Court No. 39300, Jun. 27, 2014.

F. At the time of the conclusion of the instant sales contract, the Korean bank was established on November 21, 200 with the mortgagee, Defendant B as the debtor, and the maximum debt amount of No. 104,000,000.

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