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(영문) 인천지방법원 2015.06.09 2013가합32334
사해행위취소
Text

1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 202,94,026 and KRW 180,894,530 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant Company A (hereinafter “Defendant Company”) on December 21, 201, in order to guarantee the repayment of the principal and interest of loan, to secure the payment of such principal and interest of loan from the Industrial Bank of Korea. By December 21, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant Company and the term of guarantee until December 20, 2012 (amended by December 20, 2013). The Defendant Company received a loan of KRW 200,000,000 from the Industrial Bank of Korea as collateral.

B. At the time of the credit guarantee agreement of this case, the Defendant Company’s wife B, who was an internal director of the Defendant Company (hereinafter “the deceased”), and the Defendant B, at the time of the credit guarantee agreement of this case, jointly and severally guaranteed all obligations under the credit guarantee agreement with the Plaintiff.

C. The Defendant Company failed to repay the principal and interest of the Bank of Korea and caused a credit guarantee accident. On May 22, 2013, the Plaintiff subrogated the Bank of Korea with the principal of KRW 180,00,000, interest of KRW 1,940,000, total of KRW 181,940,000.

The Plaintiff appropriated the outstanding guarantee fee of KRW 1,045,470 paid by the Defendant Company on May 22, 2013 for the repayment of principal and the subrogated amount of KRW 180,894,530 remain. The expenses incurred in preserving claims submitted by the Plaintiff for the preservation of claims for reimbursement against the Defendant Company are KRW 3,082,840, and the rate of delay damages determined by the Plaintiff is 15% per annum from May 22, 2013 to September 29, 2013 and 12% per annum from September 30, 2013.

E. On January 21, 2013, the Deceased entered into a contract to sell the real estate listed in the Attachment No. 1 (hereinafter “instant Claim No. 1”) (hereinafter “instant contract”) to Defendant D, which is one of his sole real estate, and on January 22, 2013, the Deceased District Court received the ownership transfer registration under the title No. 10763 (hereinafter “instant Claim No. 1”) on the ground of the instant contract on the 22th of the same month, and the Defendant B completed the ownership transfer registration under the title No. 10763.

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