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(영문) 인천지방법원 2020.04.01 2019가단248295
사해행위취소
Text

1. As to shares of each real estate listed in the separate sheet:

A. A sales contract concluded on November 5, 2018 between the Defendant and B is concluded between the Defendant.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a guarantee agreement (hereinafter “2 guarantee agreement”) with C on June 8, 2012, with a view to ensuring the payment of the principal and interest of loans that C receives from the Industrial Bank of Korea (hereinafter “C”) as a collateral for the repayment of the principal and interest of loans, which C receives from the Industrial Bank of Korea, as of June 8, 2012, and on June 7, 2013 (i.e., the amount guaranteed KRW 8075,000,000,000 and the term of guarantee was changed as of May 31, 2019; hereinafter “1 guarantee agreement”); and (ii) on September 4, 2018, the guarantee agreement with C as of September 4, 2019 (hereinafter “2 guarantee agreement”).

B as the representative director of C, jointly and severally guaranteed the indemnity obligation to be borne by C to the Plaintiff according to each guarantee agreement above.

(2) C received a loan of KRW 100 million from the Industrial Bank of Korea as security each of the guarantee certificates issued under each of the instant respective guarantee agreements. On March 6, 2019, there was a credit guarantee accident that lost the benefit within the period. On the same day, the Industrial Bank of Korea notified the Plaintiff of the occurrence of the credit guarantee accident.

On May 31, 2019, the Plaintiff subrogated to the Industrial Bank of Korea KRW 163,817,953 (the repayment of the first guarantee agreement amount of KRW 81,896,030, the repayment of the second guarantee agreement of KRW 81,921,923) and collected KRW 276,090 out of the subrogation payment of the second guarantee agreement of KRW 163,541,863.

According to each guarantee agreement of this case, C shall pay to the Plaintiff the amount of subrogation and the amount of delay damages determined by the Plaintiff from the date of subrogation to the date of full payment, and the legal procedure costs incurred by the Plaintiff in order to preserve its rights.

The rate of delay damages determined by the Plaintiff is 10% per annum, and the fixed delay damages for partial recovery are 75 won.

The procedure cost paid by the plaintiff for the preservation of the claim for indemnity is 501,480 won.

B. C, for which a sales contract and ownership transfer registration has been completed, has deteriorated, and there was an employee on October 31, 2018.

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