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(영문) 서울중앙지방법원 2020.11.27 2020나1508
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On June 26, 2018, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with a co-defendant A (hereinafter “A”) on the principal and interest of loan to be borne by A to E Co-Defendant A (hereinafter “E”), setting the principal and interest of loan to be borne by E Co-Defendant A as of June 20, 2018 as of June 20, 2023, and issued a credit guarantee agreement to A (hereinafter “the instant credit guarantee agreement”).

(A) evidence of heading 1, 2.b.

In the event that the Plaintiff performed the guaranteed obligation at the time of the credit guarantee agreement of this case, the Plaintiff and A agreed to pay the Plaintiff the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation, damages for delay in accordance with the rate set by the Plaintiff from the date of subrogation to the date of repayment, expenses incurred by the Plaintiff in performing the guaranteed obligation, etc.

C. On June 26, 2018, A was loaned KRW 20,000,00 from E under the Plaintiff’s credit guarantee under the Plaintiff’s credit guarantee.

After September 21, 2018, a credit guarantee accident occurred due to a natural body of A. On January 23, 2019, the Plaintiff subrogated to E for the principal amount of KRW 20,329,395 under the credit guarantee agreement of this case (i.e., principal amount of KRW 20,00,000,000) in accordance with the credit guarantee agreement of this case (i.e., principal amount of KRW 329,395). After recovering KRW 452,650, the amount of unpaid subrogation is KRW 19,876,745 (i.e., unpaid subrogation amount of KRW 20,329,395 - KRW 452,650). The final delay damages for the amount partially repaid are KRW 124.

Accordingly, the amount of the Plaintiff’s claim for indemnity against A is 19,876,869 won (=19,876,745 won) and damages for delay (hereinafter “the claim for indemnity of this case”). E.

A shall purchase the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) on March 13, 2017, and complete the registration of ownership transfer on March 17, 2017.

F. A around October 30, 2017: (a) around October 30, 2017, a divorce was made with wife C (the name before the name was registered: D); and (b) around August 22, 2018, on the instant real estate to the Defendant on the ground of “trade on August 21, 2018.”

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