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(영문) 서울중앙지방법원 2017.11.30 2017가단5076902
사해행위취소
Text

1. As to KRW 7,262,154 and KRW 6,979,293 among the Plaintiff, Defendant A’s year from March 30, 2017 to May 19, 2017.

Reasons

1. Facts of recognition;

A. On December 16, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A on December 16, 2013, which provides for a credit guarantee agreement between December 16, 2013 and December 11, 2018, and issued a credit guarantee certificate (guarantee Number C).

Defendant A submitted the letter of credit guarantee to the Yongsan Saemaul Fund (hereinafter referred to as the “Seong Fash Treasury”) and received a loan of KRW 12 million.

B. On July 11, 2016, Defendant A delayed payment of principal and interest and caused a credit guarantee accident.

On March 30, 2017, the Plaintiff subrogated to Nonparty 6,979,293 won (i.e., principal amount of KRW 7,125,00,000 - cost of KRW 270,00) and paid KRW 282,961 for legal procedure costs.

The rate of damages for the amount of compensation by subrogation is 12% per annum.

C. On August 26, 2013, Defendant A completed the registration of the establishment of a collateral (hereinafter “instant collateral security”) under the name of the National Savings Bank in the name of the maximum debt amount of KRW 28 million on August 26, 2013 with respect to the building indicated in the separate sheet, which appears to be the sole property (hereinafter “instant building”). On January 20, 2016, Defendant A entered into a mortgage contract with Defendant B and the maximum debt amount of KRW 20 million (hereinafter “instant collateral security”) and completed the registration of the establishment of the said mortgage, and completed the registration of the establishment of the said mortgage on April 5, 2016.

D’s secured claim is a loan of KRW 2 million on September 15, 2015, KRW 1.9 million on October 22, 2015, KRW 6 million on April 5, 2016, and KRW 10 million on interest rate of KRW 24% per annum.

On January 20, 2016, Defendant A’s active property was KRW 45 million for the instant building at the time the instant mortgage agreement was concluded, and the small property was in excess of KRW 22,00,000 for the principal of the obligation to the National Savings Bank, KRW 7,125,00 for the principal of the obligation to the National Savings Bank, KRW 20,000 for the debt to the non-party bank, KRW 20,000 for the debt to the Defendant B, and KRW 3,90,000 for the debt to D ( KRW 2,00,000 for September 15, 2015, KRW 1.9,000 for October 22, 2015).

E. On June 3, 2016, Defendant A and this case’s building were to be sold at KRW 45 million.

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