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(영문) 서울중앙지방법원 2015.08.20 2015가단5009182
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 16,601,641 and KRW 15,950,401 among them.

Reasons

1. Basic facts

A. On July 14, 2011, Defendant B obtained a corporate general loan of KRW 30 million from a national bank, and the Plaintiff provided a credit guarantee on July 13, 201 with regard to the principal and interest repayment obligation as the guaranteed principal amount of KRW 30 million and the guaranteed term of KRW 30 million.

B. As Defendant B’s personal business entity becomes a legal entity on September 28, 2011, Defendant A acquired the status of a contractor under a loan agreement and a credit guarantee insurance contract, and Defendant B jointly and severally guaranteed Defendant A’s obligation.

C. Defendant A, on June 15, 2014, began with a natural body, and on July 15, 2014, lost the benefit of the due date due to the principal body.

On November 7, 2014, the Plaintiff, as a guarantor, subrogated to a national bank for the total amount of KRW 15,950,401 ( principal KRW 15,625,00, interest KRW 325,401). The Plaintiff spent expenses of KRW 651,240 for the preservation of claims, and the delay interest rate applied by the Plaintiff from December 2, 2010 is 14% per annum.

[Ground of recognition] Unsatisfy, each entry (including a serial number) in Gap1 or 12, the purport of the whole pleadings

2. According to the facts of recognition of the claim for reimbursement against Defendant A and Defendant B, Defendant A and Defendant B are jointly and severally liable to pay to the Plaintiff the amount of KRW 16,601,641, which is the sum of the subrogated amount and the expenses, and the amount of subrogated payment of KRW 15,950,401, which is the date of subrogation, from November 7, 2014 to February 9, 2015, the date of delivery of a copy of the complaint of this case, 14% per annum, the rate of delay interest, and the amount of delay damages at each rate of 20% per annum from the following day to the date of full payment.

3. Claim against Defendant C and D

A. Facts of recognition 1) Defendant B is the real estate listed in the separate sheet (hereinafter “instant real estate”).

under section 58481, received on June 17, 2014, to Defendant C for the purposes of this section.

6. 16. The registration of the establishment of a mortgage over the maximum debt amount of KRW 60,000 was completed on the ground of a contract to establish a right to collateral security, and the same court was accepted on August 20, 2014.

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