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(영문) 대전지방법원 천안지원 2018.10.17 2017가단112191
사해행위취소
Text

1. As to KRW 25,182,669 and KRW 25,182,185 among the Plaintiff, Defendant A’s year from July 6, 2017 to January 19, 2018.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A’s credit guarantee agreement 1) between the Plaintiff and Defendant A on August 18, 2016, and the Plaintiff’s Nonghyup Bank Co., Ltd. (hereinafter “CF”) between Defendant A and Defendant A.

(3) A credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the main content of providing credit guarantee obligations to a credit guarantee institution by the guarantee limit of KRW 25,500,000,000 and by the guarantee limit of July 20, 2021 (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, Defendant A is required to pay to the Plaintiff additional guarantee fees calculated by multiplying the amount repaid by the Plaintiff to the Plaintiff and the amount of damages in accordance with the interest rate determined by the Plaintiff from the payment date thereof to the full payment date of the liability for reimbursement; ② the amount disbursed by the Plaintiff to compensate for or execute the claim for reimbursement; ③ if the Plaintiff’s guarantee obligation is not extinguished by the date when the principal obligation is to be discharged; or the amount remaining for the period from the date following the expiration date of the payment period to the date immediately preceding the date of payment, whichever is calculated by multiplying the guarantee fee rate determined by the Plaintiff by the annual rate of 0.5.

The interest rate set by the interest rate applied to the Plaintiff from July 6, 2017 is 12% per annum.

B. On March 21, 2017, the Plaintiff’s subrogation delayed payment of interest on the Nonghyup Bank, and the credit guarantee accident occurred.

Accordingly, on July 6, 2017, the Plaintiff repaid KRW 25,732,104 in subrogation of Defendant A, and recovered KRW 549,919 from Defendant A on July 6, 2017.

On the other hand, the Plaintiff collected KRW 549,919 from July 6, 2017 to September 26, 2017.

C. On March 29, 2017, Defendant A’s disposal disposition on the real estate indicated in the separate sheet owned by Defendant A (hereinafter “instant real estate”) to Defendant B as to March 5, 2017.

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