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(영문) 대전지방법원천안지원 2017.05.25 2015가단109139
사해행위취소
Text

1. As to KRW 14,223,173 and KRW 14,223,145 among the Plaintiff, Defendant A shall be from July 23, 2015 to April 10, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Defendant A) The Plaintiff is between Defendant A and Defendant A on December 24, 2014, and Defendant A is a tent branch of Nonparty-friendly Savings Bank (hereinafter “Nonindicted Bank”).

() A credit guarantee agreement stipulating that the credit guarantee principal of the credit guarantee principal shall be KRW 14,250,00, and the credit guarantee period shall be from December 24, 2014 to December 23, 2019 (hereinafter “the credit guarantee agreement of this case”) to guarantee the repayment of the principal and interest of the loan to a non-party bank of Defendant A (hereinafter “the credit guarantee agreement of this case”).

(2) According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation to the non-party bank on behalf of the defendant as the defendant failed to pay the above loan to the non-party bank, the defendant A shall pay the amount of guarantee performance and expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, guarantee fee, penalty, etc. to the non-party bank.

The rate of damages for delay determined by the Plaintiff is 12% per annum from January 1, 2014 to the date.

3) Defendant A was granted a loan from a non-party bank under a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, but on March 24, 2015, the credit guarantee accident occurred on March 24, 2015. (4) On July 23, 2015, the Plaintiff subrogated to the non-party bank for KRW 14,309,205 (= Principal KRW 13,775,00, KRW 534,205) pursuant to the instant credit guarantee agreement.

5) The Plaintiff recovered KRW 86,060 on July 23, 2015, and the amount of final damages incurred therefrom is KRW 28 won. (b) Defendant A’s act of disposing of the instant real estate, etc. by Defendant A (i) Defendant A’s act of disposing the instant real estate as indicated in the separate sheet (hereinafter “instant real estate”) on the ground of the gift on March 2, 2015 (hereinafter “instant gift agreement”) to Defendant B, the wife, on the ground of the gift on March 2, 2015, the Daejeon District Court Sejong District Court’s receipt on March 2, 2015 (hereinafter “instant gift agreement”).

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