(영문) 인천지방법원 2016.02.18 2014가단227835

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(영문) 인천지방법원 2016.02.18 2014가단227835

사해행위취소

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1. The sales contract concluded on April 25, 2013 with respect to the attached real estate indicated in the attached Form B between Nonparty B and the Defendant is KRW 27,594,576.

Reasons

1. Basic facts

A. On December 19, 201, the Plaintiff entered into a credit guarantee agreement with the non-party company (hereinafter “non-party company”) with the credit guarantee principal of KRW 150,00,000, and the credit guarantee period from December 19, 201 to December 18, 2012. On December 14, 2012, the term of the guarantee was changed to December 18, 2013 (hereinafter “the first guarantee”). On December 14, 2012, the Plaintiff concluded the credit guarantee agreement with the non-party company with the credit guarantee principal of KRW 81,00,000,00, and the credit guarantee agreement with the non-party company from December 14, 2012 to December 13, 2013 (hereinafter “the second guarantee agreement”).

B. On December 26, 201, the non-party company secured the first guarantee from Korea bank, with KRW 150,000,000 as a general loan for corporate driving, and KRW 90,00,00 as a general loan from a new bank on December 18, 2012 as a security for the second guarantee. However, the non-party company lost the benefit of time by failing to fully repay each principal and interest of a loan on October 30, 2013, and accordingly, caused a credit guarantee accident in relation to each credit guarantee.

C. On January 21, 2014, the Plaintiff performed the guaranteed obligation by paying the principal amount of KRW 153,001,273 (= Principal of KRW 150,000,000 + Interest of KRW 3,001,273 + interest of KRW 3,001,273) with respect to the second guarantee for a new bank on February 28, 2014 (= Principal of KRW 81,00,000 + interest of KRW 1,654,174 + interest of KRW 1,654,174) with respect to the second guarantee for a new bank on February 28, 2014. In this case, penalty of KRW 642,270 has occurred, and eventually, the Plaintiff performed the guaranteed obligation to the non-party company. £«ly, the Plaintiff was 236,297,717,273,273 won with respect to the amount of subrogation due to the first guarantee + KRW 153,001,2746,2746,2746,2746,2746,27

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