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(영문) 인천지방법원 2020.11.10 2020가단239730
사해행위취소
Text

Defendant A and B jointly and severally against the Plaintiff KRW 24,685,652 as well as KRW 23,988,87 as well as KRW 23,98,87 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Defendant A entered into a credit guarantee agreement and a loan 1) The credit guarantee agreement between the Plaintiff and the Plaintiff as specified in the following table (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case on September 28, 2016, 200,000 on September 50, 2016, when the Plaintiff performed the guaranteed obligation, Defendant A paid the amount subrogated to the Plaintiff as well as damages for delay by means of calculation and calculation method as determined by the Plaintiff from the date of payment of the guaranteed obligation to the Plaintiff, to the date of payment of the guaranteed obligation, and the interest rate determined by the Plaintiff as 10% per annum from May 21, 2018.

B. Upon occurrence of a guarantee accident and an accident of credit guarantee occurred due to Defendant A’s principal and interest delay on November 28, 2019, the Plaintiff subrogated to D Co., Ltd. for the obligation of Defendant A’s loan on March 6, 2020, and the details of the amount of subrogated and recovered, and the amount of loss for final delay from March 6, 2020 to June 19, 2020 are as follows.

The amount of interest on subrogation as at the date of subrogation shall be determined and paid as at March 6, 2020 by the fixed and late payment delay damages.

C. On October 31, 2019 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant B’s disposal disposition completed the registration of establishment of a collateral of KRW 150,000,000 for the maximum debt amount, as the receipt of the registration office of the Incheon District Court, pursuant to Article 416450 on October 31, 2019, due to the same day mortgage agreement (hereinafter “mortgage agreement”).

[Ground of recognition] The evidence Nos. 1 to 11 are written.

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