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(영문) 부산지방법원 2016.10.25 2016가단322694
사해행위취소
Text

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

A. It was concluded on September 10, 2015 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On July 15, 2011, the Plaintiff entered into a credit guarantee contract (hereinafter “the instant guarantee contract”) with a fixed period of KRW 76 million and the term of guarantee as of July 8, 2016, when a stock company C (hereinafter “Nonindicted Company”) received a loan from Gyeongnam Bank.

B has jointly and severally guaranteed the obligations of the Plaintiff under the instant guarantee agreement.

B. Around September 30, 2015 due to the natural body of the non-party company, etc., the credit guarantee accident occurred, and the Gyeongnam Bank claimed against the Plaintiff for the performance of the guaranteed obligation under the instant guarantee agreement. On December 22, 2015, the Plaintiff paid the Plaintiff the principal amount of KRW 72,695,409 (= KRW 70960,000) to the Gyeongnam Bank (= KRW 1,735,409).

C. When the Plaintiff fulfilled the guaranteed obligation under the instant guarantee agreement, the Plaintiff was paid damages for delay at the rate determined by the Plaintiff from the date of performance to the date of full payment. The damages for delay after the date of payment by subrogation is 12% per annum.

The plaintiff recovered KRW 711,050 from the non-party company to pay the amount of subrogation to KRW 71,984,359 (i.e., KRW 72,695,409 - KRW 711,050). It is KRW 71,984,592 if it exceeds the amount of finalized delay damages.

On January 8, 2016, the Plaintiff filed an application with the non-party company and B for a payment order with the Changwon District Court 2016 tea102. On December 8, 2016, the non-party company and B jointly and severally filed a payment order with the Plaintiff to pay 12% per annum from December 22, 2015 to January 18, 2016, and 15% per annum from the next day to the date of full payment. The above payment order became final and conclusive on February 2, 2016.

E. Meanwhile, on September 10, 2015, B entered into a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant on each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) and on the same day, B entered into the Defendant with the Changwon District Court on September 10, 2015.

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