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(영문) 서울중앙지방법원 2020.08.19 2019가단5266013
사해행위취소
Text

1. As to KRW 49,605,822 and KRW 49,605,504 among the Plaintiff, Defendant A shall be from October 25, 2019 to April 28, 2020.

Reasons

1. Basic facts

A. On April 17, 2019, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A, setting the credit guarantee amount of KRW 50,00,000, and the term of the credit guarantee agreement as of April 17, 2024 with respect to the credit of a loan to be received from Defendant A Co., Ltd. (hereinafter “Nonindicted Bank”), and Defendant A borrowed KRW 50,000,000 from Nonparty A bank by submitting a credit guarantee agreement issued by the Plaintiff on April 17, 2019.

B. Meanwhile, at the time of the conclusion of the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Plaintiff and Defendant A agreed to pay to the Plaintiff the amount of the guaranteed obligation and the amount calculated by the rate and calculation method determined by the Plaintiff from the date of performance to the date of repayment, the amount of damages acquired through the performance of the guaranteed obligation, the amount of expenses incurred in legal procedures, such as the preservation, transfer, and exercise of the right to the performance of the guaranteed obligation. The agreed interest rate for delay on the amount of the guaranteed obligation shall be 17% per annum from December 30, 1996 to December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015 to January 31, 2018, and 10% per annum from February 1, 2018.

C. Defendant A caused a credit guarantee accident, such as delaying the payment of the principal and interest of loan to Nonparty A bank. On October 25, 2019, the Plaintiff subrogated for KRW 50,767,094 of the principal and interest of loan to Nonparty bank upon Nonparty bank’s request for the performance of guaranteed obligation, and thereafter collected KRW 1,161,590 from Defendant A, and thereafter, 318 damages for delay was incurred until recovered.

Defendant A (hereinafter “instant real estate”) on July 12, 2019, on each of the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”) to Defendant B, his wife, for sale and purchase on May 20, 2019 (hereinafter “instant sales contract”).

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