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(영문) 서울중앙지방법원 2018.05.17 2017나29780
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff and KRW 18,000,000.

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity against A was entered into a credit guarantee agreement with A to guarantee each of the pertinent amount guaranteed by the respective respective guarantee period on the date specified in Table 1 below, and issued a credit guarantee agreement under the above agreement. The Nonghyup Bank Co., Ltd. carried out each of the loans as security.

On January 29, 2013, G 10,000, G 10,000 KRW 10,000,000 on January 26, 2018, when the term of guarantee principal guaranteed on the date of credit guarantee under the attached Table 1 lost the benefit of loans under each of the above loan agreements due to delinquency in payment of principal (hereinafter “instant guarantee accident”), and on December 22, 2015, the Plaintiff subrogated for KRW 15,834,942 on April 11, 2016 under each of the respective credit guarantee agreements of this case.

Since then, the Plaintiff recovered KRW 297,350 from A.

After subrogation, the Plaintiff spent KRW 347,850 to the legal procedure costs for the enforcement and preservation of the claim for indemnity against A, and the final delay damages for the recovered amount are KRW 97,000,000, and the delay damages rate prescribed in the above agreement is 12% per annum.

B. On December 4, 2015, A, including the conclusion of a real estate sales contract, entered into a sales contract with Defendant B with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B as KRW 109,00,000 (hereinafter “instant one sales contract”) and completed the registration procedure for transfer of ownership arising from the sale to Defendant B on the 10th of the same month.

On January 4, 2016, Defendant B entered into a sales contract with Defendant C to purchase the instant real estate at KRW 111,00,000 (hereinafter “instant two sales contract”) and completed the registration procedure for transfer of ownership based on the sale to Defendant C on the 18th day of the same month.

In the instant real estate, the maximum debt amount of KRW 66,00,000 on June 11, 2014, and the debtor A and the Korean Bank Co., Ltd. (hereinafter “Korea Bank”) for the collateral security (hereinafter “Korea Bank”).

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