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(영문) 광주지방법원 2016.11.25 2015가단527262
구상금 및 사해행위취소
Text

1. The sales contract concluded on April 1, 2014 between the defendant and the non-party B on the real estate stated in the separate sheet was 54,74.

Reasons

1. Facts of recognition;

A. (1) On August 14, 2009, the Plaintiff entered into a credit guarantee agreement (i) with Nonparty B to guarantee the obligations of loans to the Industrial Bank of Korea of Nonparty B (hereinafter “the instant credit guarantee agreement”) by determining the credit guarantee principal of KRW 170,000,000 (the change to KRW 144,50,000 thereafter) and by August 13, 2010 (the change to October 31, 2014 thereafter), and Nonparty B obtained a small and medium enterprise loan from the Industrial Bank of Korea on August 25, 2009.

(A) According to the credit guarantee agreement of this case, in the event that the plaintiff performs the guaranteed obligation, the non-party B agreed to pay to the plaintiff the amount of performance of the guaranteed obligation, (2) the amount of loss determined by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment, (3) the expenses incurred in the performance of the guaranteed obligation, (4) the expenses incurred in the preservation, transfer, exercise of the right acquired through the performance of the guaranteed obligation, (5) the unpaid guarantee fee, delay, guarantee fee, penalty for subrogation, and

B. (1) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc. caused a credit guarantee accident on March 5, 2014. On March 26, 2014, the Plaintiff subrogated the Bank of Korea to pay the principal and interest of 145,616,973 won pursuant to the instant credit guarantee agreement.

(A) (Evidence No. 4). (2) The Plaintiff acquired the claim for indemnity against Nonparty B for the amount of KRW 14,958,831, out of KRW 145,616,973, and the amount of subrogated payment remaining after recovery of KRW 130,658,142 (=145,616,973 - 14,958,831), and ② the amount of delayed payment for the above subrogated payment plus KRW 131,747,945 (Evidence No. 7) (i. 12%) (i.e., 130,658, 142 won), 089,803 (Evidence No. 7) (i. 130,658, 142 won) (i,089,803 won).

(A) evidence of heading 12 (c)

Nonparty B, such as Nonparty B’s act of disposing of property, sells to the Defendant, who was the child on April 1, 2014, the real estate indicated in the attached list in KRW 123,00,000.

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