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(영문) 전주지방법원 2017.05.11 2016나3310
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. B entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on September 30, 201, setting the guarantee amount of KRW 42,50,000, guarantee period of KRW 42,00, and KRW 12,000, and KRW 60,000 as of September 29, 201. In the event that a credit guarantee accident occurs and the Plaintiff pays the loan obligations on behalf of the Plaintiff, B entered into a credit guarantee agreement with the Plaintiff on the condition that: (a) the amount of subrogated payment and the damages for delay calculated at the rate of 12% per annum; (b) the guarantee fee calculated at the rate of 1.1% per annum from the day following the date of payment of the final guarantee fee to the date of the guarantee accident; (c) the penalty calculated at the rate of 1.6% per annum for the period from the date following the date of payment

B. On October 20, 2014, as the interest on a loan was in arrears, B, a guarantee accident occurred. Accordingly, on April 28, 2015, the Plaintiff subrogated to Han Bank for KRW 34,509,115 (principal principal KRW 34,00,000, interest KRW 509,115).

In addition, in order to secure the claim for indemnity against B (hereinafter “the claim for indemnity of this case”), the Plaintiff spent KRW 658,925 as the preservation cost.

C. B, such as the disposal of the instant real estate shares, borrowed KRW 100,000,000 from the Defendant’s wife on September 27, 2012 and KRW 30,000,00 on August 2, 2013, and B completed the registration of ownership transfer for the instant real estate shares to the Defendant on October 2, 2014 for the repayment of the said loan.

(hereinafter “instant disposition disposition”). [This case’s disposition’s grounds for recognition] without dispute, Gap’s evidence 1 through 6, Eul’s evidence 1, Eul’s evidence 2 (including additional number), the purport of the entire pleadings

2. Formation of preserved claims;

A. The claim that can be protected by the obligee’s right of revocation is, in principle, generated prior to the commission of an act that can be viewed as a fraudulent act.

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