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(영문) 서울중앙지방법원 2015.04.10 2014가단5067211
사해행위취소
Text

1. Defendant A’s annual period from November 29, 2013 to May 22, 2014, as to KRW 4,807,702 and KRW 4,241,172 among the Plaintiff.

Reasons

1. Basic facts

A. On June 26, 2009, the Plaintiff and Defendant A (F) concluded a credit guarantee agreement between June 26, 2009 and June 24, 2014 with respect to the loan to Defendant A’s financial institution.

(2) According to the above credit guarantee agreement, the Plaintiff provided a credit guarantee for Defendant A’s loan obligations. Defendant A, upon the Plaintiff’s performance of the above guaranteed obligation, shall pay to the Plaintiff all incidental obligations, such as the amount paid by the Plaintiff to the Plaintiff, damages for delay in accordance with the interest rate determined by the Plaintiff after the date of performance of the above guaranteed obligation, and legal procedural expenses paid by the Plaintiff for the preservation of claims. Furthermore, if the Plaintiff’s guaranteed obligation is not extinguished by the date of performance of the principal obligation, additional guarantee fees for the remainder of the principal obligation during the period from the day following the expiration of the payment period until the date of payment by subrogation. The Plaintiff may set the order of appropriation for

(3) Defendant A submitted a credit guarantee certificate issued by the Plaintiff pursuant to the above credit guarantee agreement on the same day and received a loan of KRW 15,000,000 from the National Bank of Korea.

(4) The National Bank Co., Ltd. notified the Plaintiff of the occurrence of a credit guarantee accident, and filed a claim for the payment of the credit guarantee amount, as the Defendant A did not pay the debt.

(5) Accordingly, on November 29, 2013, the Plaintiff subrogated for KRW 4,241,172 in total to the National Bank of Korea, a Co., Ltd. for the purpose of preserving the claim for reimbursement, and disbursed KRW 64,460 in total as the cost for preserving the claim for reimbursement, and collected KRW 77,930 in which KRW 56,530 remains. The interest rate from the date of subrogation to the date of closing the argument is 14% per annum.

B. The right to collateral security contract between the defendant A and the defendant (Appointed) and the designated parties (1) is established on April 22, 2008 and the G site and its ground located in Ansan-gu during the period of Ansan-si.

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