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(영문) 서울중앙지방법원 2020.09.22 2019가단5241656
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement 1) The Plaintiff between B and B on August 27, 2018, and Nonparty C Bank (hereinafter “Nonindicted Bank”) between B and B.

() A credit guarantee agreement stipulating that the credit guarantee principal of the credit guarantee principal shall be KRW 76,500,000, and the credit guarantee period shall be from August 27, 2018 to August 25, 2023 with respect to the credit guarantee obligation to obtain a loan from a non-party bank in B (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, if the Plaintiff performed the guaranteed obligation to the non-party bank on behalf of the Plaintiff on account of the Plaintiff’s failure to perform the obligation of the above loan to the non-party bank, B shall pay the amount of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the guarantee fee, the penalty, etc.

The rate of damages for delay determined by the Plaintiff is 8% per annum from April 1, 2019 to the date.

3) B was granted a loan from a non-party bank under a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, but on May 30, 2019, a credit guarantee accident occurred. 4) On October 7, 2019, the Plaintiff subrogated to the non-party bank for KRW 72,015,247 under the instant credit guarantee agreement (= Principal KRW 70,762,50, interest KRW 1,252,747).

5) The remainder of the legal procedure cost that the Plaintiff paid on behalf of the Plaintiff in order to secure the obligation for reimbursement against B is KRW 876,864, and the penalty for attempted penalty is KRW 178,360. B’s disposal of real estate in B is KRW 178,360. B’s disposal of real estate in B’s real estate (hereinafter “instant real estate”) on the ground of the gift on June 17, 2019 (hereinafter “instant donation contract”), which is the only property, to the Defendant, the wife, for the gift on June 17, 2019.

2. The real estate of this case.

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