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Reasons
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(영문) 서울중앙지방법원 2016.07.21 2016가단5057201
사해행위취소
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1. As to KRW 10,156,596 and KRW 10,086,266 among the Plaintiff, Defendant A shall be from February 25, 2016 to April 22, 2016.

Reasons

1. Determination on the claim for indemnity

A. The facts of recognition 1) Defendant A received a corporate ordinary loan of KRW 10,000,000 from the National Bank of Korea Co., Ltd. (hereinafter “instant agreement”), and around August 13, 2014, the credit guarantee agreement between the Plaintiff and the Plaintiff regarding the guaranteed principal of KRW 10,000,000 (hereinafter “instant agreement”).

(2) The Plaintiff issued a credit guarantee certificate to Defendant A in accordance with the instant agreement, and thereafter, caused a guarantee accident where Defendant A delayed the repayment of principal and interest of the loan. As such, the Plaintiff paid a deposit of KRW 10,000,000, interest and KRW 86,266 to the National Bank of Korea on February 25, 2016, and repaid the Defendant A’s debt by subrogation.

3) As of March 7, 2016, the amount of claim for indemnity against the Plaintiff against the Defendant is KRW 10,086,266, the amount of claim for indemnity against the Plaintiff is the total of KRW 10,156,596, which is the principal of indemnity, and KRW 70,330,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff the amount of KRW 10,156,596 as indemnity, and the amount of KRW 10,086,266 as indemnity principal of the indemnity principal from February 25, 2016 to April 22, 2016, the agreement delay interest rate of KRW 12% per annum and delay interest rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Determination on the claim for revocation of fraudulent act

(a) Facts of recognition 1) Real estate listed in the attached list A owned by the Defendant (hereinafter referred to as “instant real estate”);

on September 2015, 2015.

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