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(영문) 서울중앙지방법원 2020.06.09 2019가단5156581
사해행위취소
Text

1. As to KRW 18,073,80 and KRW 15,041,690 among the Plaintiff, Defendant A’s year from July 8, 2019 to October 12, 2019.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A as follows in the course of obtaining a loan from Defendant A bank.

(2) In the event that the Plaintiff performed the guaranteed obligation due to the Plaintiff’s failure to perform the obligation of the above loan, Defendant A agreed to reimburse the Plaintiff with respect to the amount of subrogation paid by the Plaintiff to the financial institution, damages for delay from the date of performance, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation of claims, etc., and damages for delay at the time of subrogation under the credit guarantee agreement of this case is 10% per annum.

B. The Plaintiff’s claim for reimbursement (1) Defendant A did not pay the principal to C Bank on March 21, 2019 and caused a credit guarantee accident.

(2) On July 8, 2019, the Plaintiff subrogated for KRW 15,041,690 to C Bank.

(3) In accordance with the instant credit guarantee agreement, Defendant A paid KRW 3,032,110 to the Plaintiff, as the cost of securing the claim was incurred.

(4) Ultimately, the Plaintiff’s claim for indemnity against Defendant A is equivalent to the total amount of KRW 18,073,800 and damages for delay pursuant to the agreed interest rate from the date of subrogation for the amount of KRW 15,041,690.

C. On June 14, 2018, Defendant A’s disposal act: (a) borrowed KRW 400 million from Defendant B; (b) concluded a mortgage agreement with the maximum debt amount as KRW 600 million with respect to each of the real estate listed in the separate list Nos. 2 through 6, 8 through 12, 14, 15, 18, and 22; and (c) completed a mortgage agreement with the Defendant B (hereinafter “the first mortgage agreement”); (b) borrowed KRW 100 million from Defendant B on September 17, 2018; and (c) concluded a mortgage agreement with the Defendant B with the maximum debt amount as KRW 150 million with respect to each of the real estate listed in the separate list; and (d) completed the establishment of a mortgage agreement with the Defendant B.

(hereinafter “Second mortgage contract”). D.

The defendant A's property relationship respectively.

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