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(영문) 인천지방법원 2020.08.20 2020가단201568
사해행위취소
Text

1. Defendants A and B shall jointly and severally serve as the Plaintiff KRW 17,647,188 and as to KRW 16,753,585 among them, from December 14, 2019 to March 20, 202.

Reasons

1. Facts of recognition;

A. On March 20, 2007, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with E to guarantee the payment of the obligation for the repayment of loans to F Bank training points by the F Bank E, setting the guarantee period of KRW 25,500,000, and the guarantee period of March 13, 2020, and Defendant A and B jointly and severally guaranteed the liability for reimbursement that E will bear to the Plaintiff pursuant to the said credit guarantee agreement.

B. E was issued a credit guarantee certificate and was loaned KRW 25,500,000 from the training point of the F Bank on March 20, 2007, based on the said credit guarantee certificate.

C. On October 2, 2018, E was registered as the fact of default on credit information managed by the Federation on January 11, 2019, due to the shortage of funds, due to the default of value-added tax of KRW 10,000,000 in the Namcheon Tax Office on October 2, 2018. On May 1, 2019, E discontinued discontinued the beauty room operated on May 1, 201, and applied for bankruptcy on May 17, 2019.

On June 18, 2019, the Plaintiff paid the sum of KRW 16,753,585,00 to the F Bank on July 31, 2019, when E, upon filing an application for bankruptcy, lost the benefit of the due date for the above loan, in subrogation of E.

Meanwhile, damages for delay from July 31, 2019 to December 13, 2019 with respect to the payment by subrogation is KRW 624,243, and expenses incurred by the Plaintiff for the execution and preservation of claims on behalf of the Plaintiff after performing the guaranteed obligation on behalf of the Plaintiff in subrogation of E is KRW 269,360, and the rate of damages for delay determined by the Plaintiff under the credit guarantee contract of this case is 10% per annum.

E. From around 2001, E used money as the operating fund of the beauty art room by lending money from Defendant C’s Ma. Around October 2018, E made a collateral security as to the real estate (hereinafter “instant real estate”) indicated in the separate sheet owned by Defendant C, who acquired the loan claim amounting to KRW 80,000,000 from H, with the amount not repaid to H, around 80,000.

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