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(영문) 서울중앙지방법원 2016.05.18 2015가단5365790
사해행위취소
Text

1. As to KRW 12,109,786 and KRW 11,929,806 among the Plaintiff, Defendant A shall be from October 14, 2015 to March 22, 2016.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A on July 17, 2014, setting the credit guarantee principal as KRW 13,00,000, and the term of guarantee as of July 17, 2019 (hereinafter “instant credit guarantee agreement”).

(2) Under the above credit guarantee agreement, if Defendant A failed to repay the principal obligation to a new bank within the due date (including loss of the due date) and the Plaintiff performed the guaranteed obligation, Defendant A agreed to reimburse the Plaintiff: ① the amount of subrogation paid by the Plaintiff for the performance of the obligation and damages for delay determined by the Plaintiff from the due date to the due date of full payment; ② the additional guarantee fee from the date following the due date of the payment of the guarantee fee to the due date of the termination date of the guarantee; ③ the legal procedure expenses paid by the Plaintiff for the performance or preservation of the right by performing the guaranteed obligation.

3) Around that time, Defendant A borrowed KRW 13,00,000 from a new bank as collateral for the said credit guarantee. (B) The occurrence of a guarantee accident and the performance of the guaranteed obligation1) The Plaintiff incurred a credit guarantee accident where Defendant A delayed the said loan on May 29, 2015, Defendant A subrogated KRW 12,14,926 to a new bank on October 14, 2015, and collected KRW 215,120,00 as the expenses for the execution and preservation of the claim for indemnity.

2) The agreed interest rate for delay determined by the Plaintiff is 12% per annum from October 14, 2015 to the date. (c) Defendant A’s act of disposing of property (i) Meanwhile, Defendant A concluded a sales contract with Defendant B, who is the same resident on November 24, 2014, selling real estate (hereinafter “instant real estate”) as the only real estate for KRW 66,00,000 as sales price (hereinafter “instant sales contract”) and concluded the said sales contract on November 25, 2014.

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