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(영문) 전주지방법원 2016.05.31 2015가단40175
구상금 및 사해행위취소
Text

1. Defendant A: 12% per annum from September 30, 2015 to January 22, 2016 to KRW 4,833,291 among the Plaintiff and its KRW 5,129,001.

Reasons

1. Basic facts

A. On April 6, 2011, Defendant A borrowed KRW 10 million from the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”), and Defendant A entered into a credit guarantee agreement with the Plaintiff by setting the term of guarantee by April 20, 2016.

(hereinafter “instant credit guarantee agreement”). (b)

However, as Defendant A was unable to pay the principal and interest of the loan to the former bank on June 23, 2015, the Plaintiff paid KRW 4,833,921 to the former bank on behalf of Defendant A in accordance with the credit guarantee agreement of this case on September 30, 2015. In this regard, the Plaintiff spent KRW 397,860 to preserve the claim for reimbursement and recovered KRW 102,150.

In addition, according to the credit guarantee agreement in this case, where the plaintiff pays the principal and interest of the defendant A by subrogation, the above defendant shall pay damages for delay calculated at the rate determined by the plaintiff, and the above damages for delay determined by the plaintiff shall be 12% per annum from September 28, 2014.

C. On the other hand, on January 20, 2015, Defendant A donated the real estate listed in the separate sheet (the shares of Defendant A 8/10, hereinafter “instant real estate”) that can only be the only property under his/her insolvency (the shares of Defendant A”) to the Defendants, one’s own children (the shares of Defendant B, C, shares of 3/10, shares of Defendant D 2/10, shares of 2/10; hereinafter “instant gift agreement”); on the same day, Defendant A completed the registration of transfer of ownership at 859 of the receipt registry office of Jan District Court prior to the same day.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the claim against the defendant A, the defendant A served on the plaintiff 5,129,001 won (the amount of subrogated payment of KRW 4,833,291, the amount of preservation of KRW 397,860- the recovered amount of KRW 102,150) and the amount of subrogated principal of KRW 4,83,291, which is the above subrogated principal, from September 30, 2015 to the above defendant.

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