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(영문) 광주지방법원 2015.07.08 2014가단517220
사해행위취소
Text

1. As to KRW 18,898,833 and KRW 18,898,167 among the Plaintiff, Defendant A’s year from April 4, 2014 to August 2, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the arguments and the purport of Gap evidence 1 to 8, Eul evidence 1, 2, 9, Eul evidence 7-1 to 5.

On May 3, 201, the Plaintiff entered into a credit guarantee agreement between May 3, 201 and May 3, 201, with the credit guarantee principal of the credit guarantee principal of the Defendant A, and the credit guarantee period from May 3, 201 to May 3, 2016, and the Defendant A received a loan of KRW 30,000,000, by submitting the said credit guarantee agreement to the Nam-gu Saemaul Community Bank on the same day.

At the time of the above credit guarantee agreement, the Plaintiff and Defendant A agreed that when the Plaintiff performed the guaranteed obligation on behalf of the Defendant on behalf of the South Mine Saemaul Bank, Defendant A shall bear both the amount of subrogation, the amount of damages for delay, the amount of damages determined by the Plaintiff from the date of subrogation.

B. After Defendant A’s failure to repay the above loans to the Inter-Korea Saemaul Bank after Defendant A, on January 14, 2014, the Inter-Korea Saemaul Bank notified the Plaintiff of the occurrence of a credit guarantee accident. Accordingly, on April 4, 2014, the Plaintiff (i.e., the principal amount of KRW 18,750,000, KRW 351,307) incurred a total of the Defendant A’s loans (i.e., the principal amount of KRW 18,750,000), and on the same day, KRW 184,90,000, out of the above indemnity claim, was set off against the amount equivalent to the Defendant’s unpaid claims against the Plaintiff, and appropriated the amount of KRW 17,750 as of April 23, 2014, the fixed amount of damages as of the date of the closing of the argument in this case was 176,000, and the Plaintiff’s damages applied from the date of the above subrogation to the closing of the argument in this case.

C. On December 2, 2013, Defendant A sold the real estate listed in the attached Form (hereinafter “instant real estate”) to Defendant B for KRW 120,000,000,000.

(hereinafter “instant disposal disposition”). D.

On the other hand, the instant real estate at the time of the instant disposition is deemed as having been a sum of KRW 104,00,000,000,000 for the mortgagee of the right to collateral security.

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