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(영문) 서울중앙지방법원 2015.09.02 2014가합548101
사해행위취소
Text

1. Defendant A, B, C, and D are jointly and severally liable for KRW 140,54,147 and KRW 139,416,307 out of the above amount.

Reasons

The summary of the claim case against Defendant E is the case that the Plaintiff (creditor) seeks revocation and restitution against Defendant E on the ground that the sales contract for each real estate listed in the separate sheet between Defendant B (debtor) and Defendant E (beneficiary) is a fraudulent act.

In fact, on April 30, 2009, Defendant Company entered into a credit guarantee agreement with the Plaintiff and obtained a loan of KRW 200 million from the Bank under a credit guarantee agreement between April 30, 2009 and April 29, 2010 by setting the term of guarantee from April 30, 2009 to April 25, 2010 (this later term of guarantee was extended to April 25, 2014).

Defendant B (the representative of the Defendant Company), C, and D jointly and severally guaranteed the obligation of the Defendant Company to the Plaintiff under the said credit guarantee agreement.

According to the above credit guarantee agreement, when the plaintiff has performed a credit guarantee obligation to the Industrial Bank of Korea, the principal debtor and the joint guarantor shall pay the amount of the performance of the guaranteed obligation and the interest rate determined by the plaintiff from the date of repayment to the date of repayment (14% per annum after December 2, 2010).

On April 14, 2014, the Industrial Bank of Korea, such as the performance of the Plaintiff's guaranteed liability and the recovery of claims, notified that the credit guarantee accident of the suspension of transactions occurred.

On June 20, 2014, the Plaintiff paid the principal amount of KRW 139,416,307 to the Industrial Bank of Korea (i.e., the principal amount of KRW 137,70,000,000).

In addition, there were 518,730 additional guarantee fees, and the amount paid by the plaintiff as the legal procedure expenses for the preservation of the claim for reimbursement under the credit guarantee agreement is 619,110 won.

As to the instant real estate owned by Defendant B with respect to the registration of the instant real estate, April 15, 2014 under Defendant E’s name.

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