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(영문) 서울중앙지방법원 2015.09.04 2015가합529305
사해행위취소
Text

1.(a)

On April 10, 2014, it was concluded on April 10, 2014 between Nonparty B (C) and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s preserved claim 1) Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”)

(2) On March 7, 2005, the term of guarantee set the principal amount of guarantee between the Plaintiff and the Plaintiff as KRW 297,500,000, and the term of guarantee from March 7, 2005 to March 6, 2006 (this term of guarantee thereafter was extended to February 27, 2015).

(B) A credit guarantee contract was concluded and a credit guarantee certificate was issued by the Industrial Bank of Korea and borrowed KRW 350 million from the Industrial Bank of Korea. B (former name: E; hereinafter “B”) is the representative director of the non-party company

(2) On April 14, 2014, the Industrial Bank of Korea notified the Plaintiff on April 14, 2014, that the credit guarantee accident of the party against the loan obligations of the non-party company occurred on the part of the Plaintiff. Under the above credit guarantee agreement, the non-party company and B, when the Plaintiff fulfilled the credit guarantee obligations to the Industrial Bank of Korea, shall pay damages for delay at the interest rate (12% per annum from December 1, 2012 to December 1, 2012) set forth by the Plaintiff.

Accordingly, on the 30th of the same month, the Plaintiff paid the principal and interest of KRW 242,84,221 to the Industrial Bank of Korea (i.e., KRW 241,970,492 interest of KRW 873,729). After recovering KRW 4,383,120, the balance of the subrogated payment is KRW 238,461,101.

In addition, the amount of damages for final delay incurred from the date of subrogation to the date of recovery is KRW 1,441, and the amount paid by the plaintiff as legal procedure costs for the enforcement and preservation of the claim for indemnity under the credit guarantee agreement is KRW 2,516,881.

B. (1) B, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is registered as a sales contract and ownership transfer registration for the instant real estate.

(2) On April 4, 2014, a sales contract was concluded to sell the instant real estate in KRW 1.25 billion to the Defendant (hereinafter “instant sales contract”).

this paper makes a oral conclusion.

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