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(영문) 전주지방법원 2019.09.20 2019가단2959
사해행위취소
Text

1. As to KRW 19,473,766 and KRW 19,472,158 among the Plaintiff, Defendant A’s year from October 15, 2018 to February 28, 2019.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) Defendant A is the North Korean Finance Center prior to the C Bank (hereinafter “C Bank”).

() In order to obtain a loan of KRW 20,000,000 from the Plaintiff on October 26, 2016, a credit guarantee agreement consisting of KRW 20,000,000 as the credit guarantee principal in order to secure the payment of the principal and interest of a loan to Defendant A (hereinafter “instant credit guarantee agreement”) between the Plaintiff and the Plaintiff.

(2) According to the credit guarantee contract of this case, when the plaintiff performs the guaranteed obligation, the defendant decided to pay to the plaintiff the insurance money calculated by the rate and calculation method as determined by the plaintiff from the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee

3) On May 3, 2018, Defendant A registered credit management information on May 9, 2018 on the grounds of sales progress and excessive competition. On October 15, 2018, the Plaintiff performed the guaranteed obligation by paying KRW 19,542,091 to C Bank on October 15, 2018. The Plaintiff recovered KRW 69,933 and collected KRW 1,608, and the principal amount of indemnity was 19,472,158, and the Plaintiff’s interest rate for delay was 12% per annum from September 28, 2013.

B. On March 27, 2018, Defendant A and the Defendant A entered into a mortgage contract (hereinafter “mortgage contract”) with respect to the instant apartment as set forth in the attached list No. 1 (hereinafter “the instant apartment”) with the Defendant as KRW 90,000,000, the maximum debt amount, and KRW 90,000,00 with respect to the said apartment as stated in the attached list No. 1 (hereinafter “the instant apartment”). The Defendant A and the Defendant entered into a mortgage contract with the Defendant as to the instant apartment as set forth in the attached list No. 1 (hereinafter “the instant apartment”), and received the all-round March 28, 2018.

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