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(영문) 대전지방법원 2016.01.14 2015가단210122
사해행위취소, 구상금
Text

1. As to KRW 40,385,056 and KRW 40,100,98 among the Plaintiff, Defendant A’s year from January 27, 2015 to September 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, based on the credit guarantee agreement concluded on August 13, 2010 with Defendant A, has a claim for indemnity amounting to KRW 40,385,05,056 (amounting to KRW 40,100,988, finalized damages, KRW 56,012) by subrogation of the Defendant A’s debt amounting to KRW 40,273,698 on January 27, 2015, and the rate of damages for delay determined by the said credit guarantee agreement by the Plaintiff and Defendant A pursuant to the said credit guarantee agreement is 12% per annum.

B. On November 17, 2011, Defendant B lent KRW 50 million to Defendant A, KRW 6 million on December 2, 2011, KRW 3 million on December 17, 2011, KRW 20 million on December 26, 2011, KRW 20 million on December 26, 201, and KRW 20 million on February 20, 2013, respectively.

Although Defendant A decided to pay the above money in installments, Defendant A lost the benefit of time on June 10, 2013.

C. On April 16, 2014, Defendant B filed a complaint against Defendant A as a fraud, and the investigation by the prosecution was conducted, the Defendants agreed to set up a collateral security right and withdraw the complaint with respect to one-half of the 1,831 square meters out of the 1,831 square meters out of the 1,031 square meters out of the 1,831 square meters of forest land owned by the Defendant A, and Defendant B set the maximum debt amount as KRW 90,00,000,000 and completed the registration of the establishment of the neighboring district court as KRW 60928.

Defendant A was in excess of his obligation at the time of the establishment of the above right to collateral security, and there was no other property than the above real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 8, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the claim for indemnity, with regard to KRW 40,385,056 and the principal of subrogated repayment amounting to KRW 40,100,98, the date of subrogation, 12% per annum from January 27, 2015 to September 15, 2015, which is the date of delivery of a copy of the complaint of this case, the date of subrogation, and 20% per annum from the following day to September 30, 2015, which is the statutory interest rate under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, and from the next day to the date of full payment.

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