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(영문) 서울중앙지방법원 2017.12.22 2017가단5157412
사해행위취소
Text

1. Defendant A’s KRW 6,658,823 and KRW 6,381,393 among the Plaintiff’s KRW 12% per annum from July 13, 2017 to August 22, 2017.

Reasons

1. Basic facts

A. On April 16, 2013, the Plaintiff and Defendant A’s credit guarantee agreement was concluded with Defendant A, and the Plaintiff issued a credit guarantee agreement with the guaranteed amount of KRW 20 million,000,000, and the guaranteed term of April 16, 2018, and Defendant A Nonghyup Bank (hereinafter “Nonindicted Bank”).

2) The Plaintiff and Defendant A provided a credit guarantee for the principal and interest to be borne by receiving a loan from the Plaintiff. (2) When the Plaintiff performed the said guaranteed obligation upon the conclusion of the said credit guarantee agreement, Defendant A agreed to pay to the Plaintiff all incidental obligations, such as the amount subrogated by the Plaintiff, damages after the date of performance, the amount of the guaranteed obligation not terminated, the additional guarantee fee added by the rate of the final applied guarantee fee rate from the day following the date of payment of the guaranteed obligation to the Plaintiff, and other legal procedure expenses paid by the Plaintiff in delay.

B. As to the occurrence and scope of the claim for reimbursement, Defendant A lost the benefit of time due to the nonperformance of obligation to the non-party bank, and the Defendant failed to pay the above principal and interest of loan to the non-party bank on July 13, 2017, by subrogation of the Defendant, paid KRW 6,381,393 of the principal and interest of loan pursuant to credit guarantee to the non-party bank. The Plaintiff’s contractual damages rate for subrogation payment is 12% per annum from June 1, 2015, and the remainder of the legal procedure expenses the Plaintiff paid by delay to secure the obligation for reimbursement to Defendant A is 27,430 won.

C. On February 27, 2017, Defendant A entered into a mortgage agreement with Defendant B, setting forth the maximum debt amount of KRW 40 million with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is one of the only property of Defendant B (hereinafter “instant mortgage agreement”), and completed the registration of the establishment of a neighboring mortgage on the same day as indicated in the text of the said agreement (hereinafter “instant mortgage agreement”).

[Ground of recognition] Defendant A: The entry in the evidence of No. 1 to No. 7 and the purport of the whole pleadings against Defendant B without dispute

2. The amount of indemnity of the defendant A.

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