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Reasons
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(영문) 서울중앙지방법원 2018.05.02 2017가단5131649
구상금 및 사해행위취소
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1. As to KRW 88,944,469 and KRW 86,034,624 among them, Defendant A’s annual year from July 14, 2017 to September 2, 2017.

Reasons

1. Facts recognized;

A. (1) On April 18, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with the estimated loan amount of KRW 100,000,000, the guaranteed amount of KRW 85,000 (85%) and the term of guarantee on April 17, 2017, and issued a credit guarantee certificate to Defendant A on the same day. The Defendant A borrowed KRW 100,000,000 from the National Bank on the security of the said credit guarantee certificate. (2) The Defendant A incurred a guarantee accident on April 13, 2017 on the ground that the credit management information was registered.

On July 14, 2017, the Plaintiff subrogated to the National Bank for the principal and interest of KRW 86,034,624 (the principal of KRW 85,00,000,000) (the principal of KRW 1,034,624).

3) The interest rate for delay applied by the Plaintiff pursuant to the aforementioned credit guarantee agreement is 10% per annum, penalty is 364,680 won, and the legal procedure cost incurred by the Plaintiff is 2,545,165 won. (B) The Defendant Company A concluded a registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on the real estate indicated in the attached Table (hereinafter “instant real estate”) which is the only property of the Defendants, with respect to the real estate indicated in the attached Table (hereinafter “instant real estate”), which is the only property of the Defendants, with the Suwon District Court Registry of Dongwon District on April 10, 2017, No. 33664, February 20, 2017.

2) The Defendants: (a) under the instant sales contract, the sales price of which is KRW 276,00,000; (b) the creditor Han Bank, debtor A, Defendant A, and the maximum debt amount of KRW 247,200,000 (principal amount of KRW 206,000), which was created on the instant real estate by Defendant B, assumed the secured debt of the right to collateral security (principal amount of KRW 206,000), and agreed to pay the down payment of KRW 10,000 at the time of the contract; and (c) the balance of KRW 60,00,000 on April 10, 207. [Grounds for recognition] The Defendants agreed to pay the remainder of KRW 60,00 at the time of the contract; (d) the absence of any dispute; (e) the evidence No.

- The purport of the whole pleadings

2. Requests against the defendant A.

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