(영문) 창원지방법원 2014.10.16 2013나30336

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(영문) 창원지방법원 2014.10.16 2013나30336

사해행위취소

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1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

Co-defendant A of the first instance trial and the defendant.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against A 1) The Plaintiff co-defendant A of the first instance court that operates E on April 14, 2008 (hereinafter “A”).

Between the two, the amount guaranteed 85,000,000 won, the guarantee period from April 14, 2008 to April 12, 2013, and the credit guarantee agreement (hereinafter referred to as "the credit guarantee agreement of this case") is called the credit guarantee agreement of this case.

A) was concluded, and A was financed by a national bank under the credit guarantee agreement, and the first instance trial co-defendant B (hereinafter referred to as “B”).

(2) On August 15, 2011, the Plaintiff paid 30,502,677 won to the National Bank of Korea on November 17, 201, when the Plaintiff performed the guaranteed obligation under the instant credit guarantee agreement, and the Plaintiff jointly and severally guaranteed the indemnity obligation that A owes to the Plaintiff. (2) On November 15, 201, the Plaintiff paid 31,050,597 won to the National Bank of Korea on behalf of the Plaintiff. (31,050,597 won for indemnity claim against A, and the interest rate for delay determined by the Plaintiff is 15% per annum.

3) In the instant lawsuit where the Plaintiff sought reimbursement, etc. pursuant to the credit guarantee agreement of this case against A and B, based on the foregoing factual basis, the first instance court rendered a judgment that the Plaintiff shall pay the Plaintiff KRW 31,050,597, and KRW 30,502,67 from November 17, 2011 to January 3, 2012, KRW 15% per annum, and KRW 20% per annum from the next day to the date of full payment, and the part of the said judgment became final and conclusive on July 12, 201 as they were not dissatisfied with both parties. The first instance court concluded the instant sales contract with the Defendant on July 12, 201 with respect to the payment of the amount of KRW 1,653,00 (hereinafter “instant real estate”).

2. As to the instant real estate at the time of the instant payment agreement, the mortgagee.

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