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(영문) 광주지방법원 2014.07.17 2013가합55012
사해행위취소
Text

1. As to KRW 1,313,376,50 and KRW 1,311,495,389 among the Plaintiff and the Plaintiff’s KRW 1,311,49,389 from May 6, 2013 to October 22, 2013.

Reasons

1. Basic facts

A. On February 27, 2009 and November 26, 2009, the Plaintiff entered into each credit guarantee agreement (hereinafter “each of the credit guarantee agreements in this case”) with C Co., Ltd. (hereinafter “C”) on the same terms as the principal of the guarantee, the guarantee period column as indicated below [Attachment 1], and Defendant A guaranteed the obligation owed to the Plaintiff by C under each of the credit guarantee agreements in this case.

B. According to each credit guarantee agreement of this case, C shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages for delay determined by the Plaintiff from the date of subrogation to the date of full payment of the guaranteed obligation (12% per annum from December 1, 2012), and ② the expenses incurred in the performance of the guaranteed obligation and the expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation.

C. After that, on March 27, 2013, C defective in an application for rehabilitation as the Gwangju District Court 2013 Mahap11, and on May 6, 2013, the Plaintiff subrogated each of the above loans to Korea Exchange Bank Co., Ltd. (hereinafter “foreign Exchange Bank”) and Han Bank Co., Ltd. (hereinafter “one Bank”) in accordance with each of the credit guarantee agreements in the instant case on May 6, 2013 as indicated below [Attachment 1].

The details of the Plaintiff’s subrogated and recovery amount, the principal amount, and the amount collected (the amount calculated at the rate of 12% per annum from the date of repayment by subrogation to the date of collection by subrogation), the balance of indemnity amount, etc. are as listed below in the corresponding column of [Attachment 1], and the legal procedure costs incurred while performing the guaranteed obligation are KRW 1,87,190.

[Attachment 1]

D. On December 31, 2012, Defendant A completed the registration of ownership transfer on the ground of the sales contract (hereinafter “instant sales contract”) dated November 20, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B, one’s own punishment, on December 31, 2012.

E. Meanwhile, Defendant A’s real estate at the time of the instant sales contract.

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