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(영문) 대전지방법원 2017.12.21 2017나106785
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On December 24, 2014, the Plaintiff, including the Plaintiff’s credit guarantee to A, entered into a credit guarantee agreement with A by stipulating the credit guarantee principal of KRW 14,250,000, and the credit guarantee period from December 24, 2014 to December 23, 2019 (hereinafter “the instant credit guarantee agreement”). On the same day, the Plaintiff issued a written credit guarantee agreement with a branch of the E-friendly Savings Bank (hereinafter “E-friendly Savings Bank”) at the same time as the guaranteed amount of KRW 14,250,00, and the guarantee period until December 23, 2019.

A at the time of the instant credit guarantee agreement, the Plaintiff agreed to pay the principal and interest of the loan in the event that the Plaintiff did not perform the obligation to repay the loan incurred to the lending institution and the principal and interest of the loan, damages for delay (the rate of damages for delay determined by the Plaintiff shall be 12% per annum from January 1, 2014 to that of the year) determined by the Plaintiff from the date on which the principal and the amount of the loan were discharged, damages for confirmation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise

A Based on the credit guarantee agreement, on December 24, 2014, borrowed KRW 15,00,000 from the Korea Exchange (hereinafter “the instant loan”), but on March 24, 2015, a credit guarantee accident occurred which, by failing to pay the principal and interest of the instant loan, lost the benefit of time. On July 23, 2015, pursuant to the credit guarantee agreement of this case, the Plaintiff subrogated for the Korea Exchange Bank to pay KRW 14,309,205 (= Principal KRW 13,775,000) (= Interest KRW 534,205), and collected KRW 86,06,060 on the same day, and received KRW 14,223,173 (=the subrogated amount 14,309,205,205 KRW 86,060 (hereinafter “the instant claim for reimbursement”).

On June 24, 2011, A including the conclusion of the gift contract between A and the Defendant, is the case not more than the real estate indicated in the separate sheet jointly with the Defendant, the wife, as the wife.

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