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(영문) 서울중앙지방법원 2015.12.17 2013가단5176231
사해행위취소
Text

1) Defendant A shall pay to the Plaintiff KRW 43,667,032 and KRW 43,476,262 among them, from October 30, 2013 to February 18, 2014.

Reasons

1. Facts of recognition;

A. On May 24, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A, whereby the guaranteed principal is KRW 42.5 million, and the term of guarantee was extended by May 24, 2012 (the subsequent term of guarantee was extended by May 23, 2014) (hereinafter “the instant credit guarantee agreement”); and Defendant A borrowed a loan of KRW 50 million from a national bank based on the Plaintiff’s credit guarantee agreement.

B. Under the instant credit guarantee agreement, Defendant A decided to reimburse the amount subrogated by the Plaintiff, damages incurred after the date of performance, additional guarantee fees, and other legal procedures and expenses paid by the Plaintiff. The interest rate determined by the Plaintiff is 16% per annum from April 17, 2003 to November 30, 2012 (Provided, That as of April 17, 2003; 14% per annum from April 17, 2003 to March after the performance of the guaranteed obligation, and 12% per annum from December 1, 2012.

C. On June 27, 2013, Defendant A lost the benefit of time due to the delay in payment of interest to the National Bank, and on October 30, 2013, the Plaintiff paid KRW 43,476,262 to the National Bank as the performance of the guaranteed obligation under the credit guarantee agreement of this case.

The balance of the legal procedure cost paid by the Plaintiff to secure the obligation of indemnity against the Defendant is KRW 190,770.

E. On July 16, 2013, Defendant A entered into a mortgage agreement with Defendant B on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with a maximum debt amount of KRW 150 million as to each of the real estate (hereinafter “instant real estate”), and the Disposition No. 2-B.

The registration of the establishment of a neighboring mortgage is completed as stated in the paragraph.

(hereinafter referred to as “instant collateral security”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap’s evidence Nos. 1 through 14 (including each number, if any) and the purport of the whole pleadings.

2. According to the above recognition of the portion of the claim for reimbursement, the defendant A was 43,667,032 won (the legal procedure cost of the subrogated payment of KRW 43,476,262) and the amount equivalent to KRW 190,770.

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