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(영문) 전주지방법원 2018.11.07 2018가합823
구상금 및 사해행위취소
Text

1. As to KRW 363,638,438 among the Plaintiff and KRW 362,584,808 among the Plaintiff, Defendant A shall be from January 26, 2018 to March 9, 2018.

Reasons

1. Claim against the defendant A;

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Claim against the defendant B

A. 1) The Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “instant credit guarantee agreement”) with the Plaintiff as of April 13, 2012, setting the amount of security deposit of KRW 170 million and the term of guarantee by April 12, 2013 (by April 6, 2018), and entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with Defendant A (hereinafter “instant credit guarantee agreement”); and ② as of December 15, 2016, the amount of security deposit of KRW 21.45 million and the term of guarantee by December 14, 2017, each of the credit guarantee agreements (hereinafter “credit guarantee agreement”).

B) Defendant A received a loan from C in accordance with the above credit guarantee agreement. From November 13, 2017, the Plaintiff paid the unpaid interest from November 13, 2017 to January 25, 2018 in relation to the credit guarantee agreement of this case (Evidence A-2). The Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest of the loan, and on January 25, 2018, on behalf of Defendant A, the Plaintiff paid to C the principal and interest of the loan amount of KRW 362,584,808 [16,696,336 won under the credit guarantee agreement of this case + the principal amount of KRW 16,00,000,000, KRW 1696,336 won, KRW 308,472 billion, KRW 3836,4886,3685,386,486,486,386,486,57,365).

2) As to the instant real estate owned by Defendant A with respect to the registration of ownership transfer in the name of Defendant B, the registration of ownership transfer in the name of Defendant B was completed on November 23, 2017, No. 113866, Nov. 21, 2017, which was accepted on November 23, 2017, with respect to the instant real estate owned by Defendant A. (3) the financial status of Defendant A.

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