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(영문) 서울중앙지방법원 2017.08.24 2016가단5011120
사해행위취소
Text

1. Defendant A’s year from October 30, 2015 to January 27, 2016, among the Plaintiff’s KRW 19,450,467, and KRW 19,250,907.

Reasons

1. Common factual relations;

A. On May 14, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A with the term of May 14, 2014, setting forth a guarantee principal of KRW 20 million and the term of May 14, 2018.

According to the above agreement, Defendant A agreed to pay both the amount of subrogation and the amount of delay at the rate determined by the Plaintiff from the date of subrogation to the date of full payment when the Plaintiff performs the guaranteed obligation, and the incidental obligation such as legal procedure expenses incurred by the Plaintiff in order to execute or preserve the claim for indemnity.

B. Defendant A obtained a loan of KRW 20 million from the Korea Development Bank on May 16, 2014 in accordance with the credit guarantee agreement issued pursuant to the above credit guarantee agreement, but did not pay the principal in installments on July 17, 2015, thereby losing the benefit of time due to delinquency in paying the due date. Accordingly, the Plaintiff subrogated for KRW 19,524,867 on October 30, 2015, and recovered KRW 273,960, out of the payment, according to the said bank’s request for the performance of the guaranteed obligation.

C. Meanwhile, the Plaintiff spent KRW 199,560 as the legal procedural cost to preserve the claim for reimbursement following the performance of the above guaranteed liability.

In addition, damages for delay determined by the Plaintiff pursuant to the above credit guarantee agreement is 12% per annum after April 29, 2015.

【Facts without dispute over the grounds for recognition, Gap evidences 1 through 7, the purport of the whole pleadings

2. According to the facts of the determination as to the claim against the defendant A, the defendant A is obligated to pay to the plaintiff 19,250,907 won in balance of the subrogated principal (19,524,867 won - 273,960 won in total) and 19,560 won in legal procedure expenses (19,450,467 won in total and 199,560 won in total, and 19,250,907 won in total as to the above principal from October 30, 2015 to January 27, 2016, when a copy of the complaint is served from October 30, 2015 to January 27, 2016, 12% in each of the above credit guarantee agreements as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Determination as to the claim against the defendant B

(a) The establishment of fraudulent act (1) Gap evidence 7 to 10.

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