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(영문) 서울중앙지방법원 2015.07.07 2014가단5108631
사해행위취소
Text

1. As to KRW 14,145,345 and KRW 13,357,885 among the Plaintiff, Defendant A shall be from January 23, 2014 to May 16, 2014.

Reasons

1. Basic facts

A. On May 2012, the Plaintiff entered into a credit guarantee agreement and an occurrence of a guarantee accident (hereinafter “instant credit guarantee agreement”) with the terms and conditions that the Plaintiff would provide a credit guarantee with respect to a loan that Defendant A and Defendant A would obtain from Han Bank, setting the principal guaranteed by the Plaintiff at KRW 15 million and the term of guarantee as of May 24, 2017 (hereinafter “instant credit guarantee agreement”).

Upon the conclusion of the instant credit guarantee agreement, Defendant A submitted the instant credit guarantee instrument to Han Bank on May 24, 2012, and received a loan of KRW 15 million. (2) On November 18, 2013, Defendant A notified the Plaintiff, on November 3, 2013, that one bank had caused a guarantee accident on the ground of arrears on November 18, 2013, and the Plaintiff paid KRW 13,579,95 to the Han Bank on January 23, 2014, and collected KRW 222,110 after subrogation, and the cost of execution and preservation, etc. to recover the amount by subrogation was required to be KRW 787,460.

Meanwhile, from January 23, 2014 to the date of the closing of the instant argument, the Plaintiff’s interest rate for delay is 15% per annum.

B. Defendant A’s disposal act 1) Defendant A’s disposal act on June 10, 2013, and Defendant A’s real estate indicated in the separate sheet owned by Defendant B and Defendant A (hereinafter “instant real estate”).

(3) The sales contract of this case to Defendant B for sale of the purchase price of KRW 35 million (hereinafter “instant sales contract”) is deemed as the sales contract.

(2) At the time of the instant sales contract, Defendant B succeeded to the secured debt amount of the right to collateral security established on the instant real estate until June 19, 2013, and agreed to pay the remainder KRW 95 million on June 26, 2013 at the time of the instant sales contract.

3) According to the instant sales contract, the transfer registration of ownership in Defendant B, which was completed as the receipt No. 47401 on July 5, 2013 on the instant real estate on the grounds of sale and purchase on June 10, 2013, (hereinafter “instant case”).

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