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(영문) 인천지방법원 2018.11.15 2017가단253439
사해행위취소
Text

1. As to KRW 17,068,127 and KRW 16,227,98 among the Plaintiff, Defendant A shall be from October 13, 2017 to January 9, 2018.

Reasons

1. Facts of recognition;

A. On March 22, 2011, the Plaintiff concluded a credit guarantee agreement with Defendant A, setting the guarantee amount of KRW 20,000,000 as the guarantee amount, and the guarantee period on March 21, 2012 (which was later extended on March 21, 2017).

B. According to the instant credit guarantee agreement, in the event that the Plaintiff fulfilled the guaranteed obligation, Defendant A is obliged to pay the amount of performance, damages for delay calculated by the Plaintiff’s rate of damages from the date of performance of the obligation to the date of repayment (12% per annum from September 30, 2013 to the date of repayment), expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fees, overdue guarantee fees

C. Defendant A submitted a credit guarantee statement and obtained a loan from Han Bank. On July 5, 2016, overdue information was registered and on March 21, 2017, a credit guarantee accident occurred due to overdue payment of principal and interest.

On June 30, 2017, the Plaintiff subrogated for KRW 16,277,98 to Han Bank on behalf of Defendant A.

Therefore, the Plaintiff had a claim for delay damages from October 13, 2017 for the amount of KRW 17,068,127 against Defendant A (i.e., the amount of subrogated payment of KRW 16,227,98,000 as of October 12, 2017, KRW 560,199 for delay damages of KRW 214,199 for substitute payment of KRW 65,750 for substitute payment of KRW 16,227,98) and the amount of KRW 16,27,98 for delay damages.

On April 6, 2016, Defendant A entered into a donation agreement with Defendant B, the only real estate owned by Defendant B, with respect to the amount of 729 square meters (hereinafter “instant real estate”). On the same day, Defendant B completed the registration of transfer of ownership as stated in paragraph (2) of the claim against Defendant B.

[Ground of recognition] No dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. Determination as to the claim against Defendant A

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