logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.16 2019가단5313599
사해행위취소
Text

1. As to KRW 4,146,562 among the Plaintiff and KRW 3,977,222 among the Plaintiff, Defendant A shall have a year from December 5, 2019 to January 17, 2020.

Reasons

1. Facts of recognition;

A. On November 20, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A with the following contents. Defendant A submitted a credit guarantee agreement under the said credit guarantee agreement and received a loan from C Bank (hereinafter “instant bank”).

[Main Terms and Conditions of Credit Guarantee Agreements concluded between the Plaintiff and the Defendant A] Guarantee Number 14,250,000 won (Guarantee Rate 95%) Guarantee Principal: Article 10 (Scope of Repayment) of the Credit Amount 15,000,000 won on November 20, 2020 (Limit of Repayment) ① When the Plaintiff fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of the surety obligation;

2. The rate determined by the Plaintiff from the date of performance to the date of repayment for the amount under subparagraph 1 and the amount calculated according to the calculation method.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

B. On August 16, 2019, Defendant A defaulted on the repayment of the debt to the instant bank, thereby losing the benefit of time under the credit transaction agreement with the said bank. On December 5, 2019, the Plaintiff subrogated the said bank to pay for the principal amount of KRW 4,052,22 (= Principal KRW 3,971,338, interest KRW 80,884).

C. The Plaintiff spent a total of KRW 169,340 in order to preserve, transfer, and exercise the rights acquired through the performance of the guaranteed obligation for Defendant A. As of the date of the closing of argument in the instant case, the principal of the Plaintiff’s claim for indemnity against Defendant A is KRW 4,146,562 (=the remaining amount of subrogated payment KRW 3,977,222).

On May 2, 2019, Defendant A entered into a contract with Defendant B to sell and purchase the instant real estate, which was the sole property as of May 2, 2019 (hereinafter “instant sales contract”) with the purchase price of KRW 110 million, and completed the registration of ownership transfer (hereinafter “the instant transfer registration”) on the same day.

【Reasons for Recognition】

arrow