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(영문) 서울중앙지방법원 2018.05.01 2017가단5206802
사해행위취소
Text

1. From October 31, 2017 to January 12, 2018, Defendant A paid 20,636,138 won to the Plaintiff and KRW 20,059,476 among them.

Reasons

1.In fact, the facts under each of the following subparagraphs may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap 1-1 to 4:

On May 18, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A, and provided credit guarantee to Defendant A with respect to the principal and interest obligation to be borne by receiving a loan from Han Bank within the scope of KRW 2 million.

According to the credit guarantee agreement, Defendant A agreed to pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, damages for delay at the rate of the Plaintiff (12%) from the date of subrogation to the date of repayment of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer and exercise

On March 20, 2017, Defendant A lost the benefit of the loan due to delay of principal, but failed to pay the principal and interest of the loan, and the Plaintiff paid the principal and interest of the loan to Han Bank 20,461,976 won on October 31, 101, Defendant A recovered KRW 402,50 won by subrogation and collected the amount of 20,059,476 won. As to the amount recovered by the Plaintiff, Defendant A collected KRW 132 won from the date of subrogation until the date of recovery.

Meanwhile, the outstanding amount is KRW 576,530 among the legal procedure costs incurred by the Plaintiff to preserve the claim for reimbursement against Defendant A.

Defendant A with respect to the real estate stated in the attached Form to Defendant B, who is Cho Jae on March 21, 2017

3. 1. The registration of transfer of ownership was completed based on the sales contract of this case.

In addition to the real estate stated in the attached Form A, Defendant A owned the real estate located in Gangnam-gu Seoul Metropolitan Government KRW 18.5 million in value, while the sum of KRW 12.2 million in our bank, KRW 10 million in the Dispute Resolution Co., Ltd., KRW 2.2 million in one bank, KRW 2 million in one bank, KRW 2.6 million in one bank, and KRW 6.6 million in cash services.

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