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(영문) 서울중앙지방법원 2015.06.12 2014가단5260317
사해행위취소
Text

1) The defendant A 26,359,203 won and 26,308,769 won among them shall be annual from August 27, 2014 to January 15, 2015.

Reasons

1. The Plaintiff entered into a credit guarantee agreement with the Defendant A on December 20, 204 and February 17, 2005 with respect to the claim against the Defendant A. The Defendant A borrowed money from the Bank under the Plaintiff’s credit guarantee. The Plaintiff, upon the Plaintiff’s loss of the benefit of time due, requested the Plaintiff to pay the amount by subrogation to the Bank on August 27, 2014. The Plaintiff subrogated the principal and interest of the loan amount of KRW 26,308,769 to the Bank on August 27, 2014. The interest rate for delay under the credit guarantee agreement is 12% per annum from December 1, 2012. The payment by subrogation is 50,434 causes, etc. do not conflict between the parties.

According to the above facts, Defendant A is obligated to pay to the Plaintiff the amount of KRW 26,359,203 (=26,308,769 by subrogation) and the amount of KRW 26,308,769 by subrogation from August 27, 2014 to January 15, 2015, which is the delivery date of a copy of the complaint of this case, the amount of 12% per annum and the amount of delay damages calculated at the rate of 20% per annum from the next day to the day of full payment.

The plaintiff's claim against the defendant A is accepted.

2. The judgment on the claim against Defendant B was made on April 13, 2014 when natural substances were separated, Defendant B entered into a sales contract with Defendant B on each of the real estate listed in the separate sheet on June 11, 2014, and completed each of the procedures for the registration of ownership transfer listed in the order on June 16, 2014; Defendant A was highly likely to be liable for reimbursement obligations against the Plaintiff at that time; Defendant A was actively liable for each of the real estate listed in the separate sheet on each of the real estate listed in the separate sheet on each of the real estate in Seongdong-gu Seoul apartment 11, 607, and 607,000,000 won in addition to the real estate listed in the separate sheet on each of the real estate as active property, while Defendant A was in excess of the liability amounting to KRW 760,000,000,000 in addition to the Plaintiff’s debt to the Plaintiff (the obligation of the Defendant Company A operated exceeds its asset).

According to the above facts of recognition, the attached list between the defendant A and the defendant B is recorded.

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