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(영문) 인천지방법원 2015.04.10 2013가단238685
사해행위취소
Text

1. As to KRW 28,608,583 and KRW 24,739,314 among the Plaintiff, Defendant A shall be 12% per annum from March 3, 2015 to March 4, 2015.

Reasons

1. Basic facts

A. On June 15, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A on a credit guarantee agreement with the effect that the amount of security deposit is KRW 30 million (around 27 million change) for small and medium enterprise funds to be loaned from the Industrial Bank of Korea branch (around 15, 2010) and June 14, 201 of the term of guarantee until June 14, 201 (the due date has been extended each year thereafter, and the due date has been changed until June 13, 2014).

At the time of the above credit guarantee agreement, Defendant A agreed to reimburse the amount of the guaranteed debt and the amount of damages and the expenses incurred according to the rate determined by the Plaintiff.

B. Defendant A submitted a credit guarantee statement issued by the Plaintiff pursuant to the above credit guarantee agreement and received the relevant loan from the said bank. On November 7, 2013, Defendant A delayed interest on the said loan.

Accordingly, on December 9, 2013, upon receiving notification of a credit guarantee accident from the above bank, the Plaintiff subrogated the total amount of KRW 27,119,662 to the above bank.

Afterward, 3,396,418 won recovered from Defendant A through the Credit Counseling and Recovery Committee shall be appropriated, and the details of the Plaintiff’s indemnity claim remaining as of March 2, 2015 shall be as shown in the attached Table.

C. On the other hand, on November 3, 2011, Defendant A entered into a promise to sell and purchase the instant real estate between Defendant B as a collateral for the obligation to borrow loans against Defendant B, and completed the registration of ownership transfer claim against Defendant B on the same day, and on June 13, 2013, Defendant B completed the registration of ownership transfer on the grounds of the instant sales contract with respect to the instant real estate.

[Ground of Recognition] Facts without dispute, Gap 1 through 7, 13 through 15 (including partial numbers) and the purport of the whole pleadings

2. According to the above basic facts as to the claim against Defendant A, barring any special circumstance, Defendant A was paid for KRW 28,608,583 and the remaining principal of the subrogation amount of KRW 24,739,314 to the Plaintiff, as requested by the Plaintiff.

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