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(영문) 서울중앙지방법원 2017.06.09 2016나66102
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows. A.

Attached Form A between the defendant and the co-defendant A of the first instance trial.

Reasons

1. On December 10, 2013, the Plaintiff entered into a credit guarantee agreement with A and the credit guarantee limit amounting to KRW 10 million, and the term of guarantee until December 10, 2018 (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”). A was granted a loan of KRW 10 million from a national bank as security by a credit guarantee agreement issued by the Plaintiff.

On September 12, 2014, A lost the benefit of the term of the above loan obligation as a natural body. On January 21, 2015, the Plaintiff subrogated for KRW 10,173,001 to the National Bank in accordance with the credit guarantee agreement in this case. On February 5, 2015, the remainder of the payment by subrogation was collected as KRW 27,710 and became KRW 10,145,291.

Damages for delay from the date of subrogation for 27,710 won to the date of recovery are 170 won, and the delayed interest rate for the plaintiff's claim for indemnity due to subrogation is 15% per annum.

A on August 8, 2014, the Defendant, as its sole property, sold real estate listed in the separate sheet (hereinafter “instant real estate”) to KRW 200,000,000,000, the market price at the time of the sale (hereinafter “instant sales contract”), and on August 26, 2014, completed the registration of ownership transfer on the instant real estate based on the instant sales contract.

The instant real estate was established ten times the maximum debt amount of KRW 174,00,000,00 for the K Savings Bank Co., Ltd. (former Long-term Savings Bank), and the mortgage was established on August 26, 2014, which was ten times the maximum debt amount of KRW 226,20,000,00 for the purpose of securing the obligation to repay the loan amount of KRW 174,00,00 for the K Savings Bank (former Long-term Savings Bank), and on August 26, 2014, the ownership transfer registration under the name of the Defendant was completed, and on the same day, the registration of establishment was completed on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4, the purport of the whole pleadings

2. Claims subject to the revocation of fraudulent act;

(a) the facts of recognition;

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