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(영문) 광주지방법원 2015.12.29 2015가단518244
사해행위취소
Text

1. The defendant limited liability company A and B are jointly and severally liable to the Plaintiff for KRW 102,201,774 and KRW 101,03,432 among them.

Reasons

1. The plaintiff filed a claim against the defendant limited liability company A and B under the joint and several guarantee agreement with the defendant limited liability company A (hereinafter "the defendant company"), and when the plaintiff fulfills the guaranteed obligation, the defendant limited liability company decided to reimburse the payment, delayed payment, claims preservation expenses, penalty, etc. at the rate determined by the plaintiff from the payment date of the payment. The plaintiff subrogated to the National Bank on June 25, 2015 for the principal and interest of the defendant company to KRW 101,03,432 as of June 25, 2015. In this regard, the expenses for preserving claims and KRW 860,222 and 308,120 were incurred, and the interest rate for delay determined by the plaintiff after the payment by subrogation is 12% per annum, or can be recognized by each entry in Gap evidence 1 through 5 (including each number).

Therefore, Defendant Company B and the Plaintiff jointly and severally are liable to pay the Plaintiff the total amount of KRW 102,201,774 (the total amount of KRW 101,03,432 for the preservation of claims, KRW 860,222,120 for the payment by subrogation) and KRW 101,03,432 for the payment by subrogation from June 25, 2015 to August 8, 2015, which is the date of delivery of the final complaint to the said Defendants, pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the amount of KRW 20% per annum from the following day to September 30, 2015; and the amount of delay damages by agreement or legal rate of KRW 15% per annum from the next day to the date of full payment.

2. There is no dispute between the parties as to each real estate listed in the separate list of claims against Defendant C by entering into a trade reservation, such as the purport of claims, and the provisional registration of the right to claim ownership has been completed.

The plaintiff asserts that the above trade reservation is a fraudulent act.

However, according to the statements in Eul evidence Nos. 1 through 4, 14, and 15 (including each number), Defendant C is required to pay money rapidly on January 14, 2015 while it was engaged in credit business with the trade name "D."

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