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(영문) 서울중앙지방법원 2018.11.27 2017가단5036157
구상금 및 사해행위 취소
Text

1. Defendant Incorporated Company A and B jointly and severally owned by the Plaintiff KRW 88,350,593 and KRW 86,87.

Reasons

1. Facts of recognition;

A. On February 19, 2013, the Plaintiff, including a credit guarantee agreement, concluded the instant credit guarantee agreement with Defendant Incorporated Incorporated Company A (hereinafter “Defendant Incorporated”) on February 18, 2014 (i.e., the guaranteed amount of KRW 9 million and the guaranteed term of February 18, 2014). Defendant B as the representative of Defendant Incorporated Company, jointly and severally guaranteed the Defendant Company’s liability for indemnity against the Plaintiff under the instant credit guarantee agreement.

In accordance with the credit guarantee agreement of this case, the defendant corporation was unable to pay interest rate after September 22, 2016 due to the aggravation of liquidity funds and management disputes after obtaining a loan of KRW 100 million from one bank, and it was finally wrong on October 25.

On February 10, 2017, the Plaintiff paid KRW 86,887,143 [the interest for delay from September 23, 2016 to February 9, 2017] to Han Bank on behalf of 86,887,143 [the interest for delay from September 23, 2016], and paid KRW 1,463,450 to preserve the right acquired by subrogation.

After the date of payment by subrogation, the interest rate for delay under the credit guarantee agreement of this case is 10% per annum.

B. As to the real estate indicated in the attached Form to Defendant C, who is the wife on April 27, 2016

4. 22. The registration of transfer of ownership of this case was completed based on the gift contract of this case dated 22.

Defendant B had no particular asset other than the real estate indicated in the attached Form at the time of the transfer registration of the ownership of this case, while Defendant B had been in excess of the debt by bearing the debt of KRW 00 million in addition to the above loan obligations against

Attached Form

Before the completion of the registration of ownership transfer of the instant real estate, the secured debt amount of KRW 348 million was set up two cases in the future of the Korean bank. However, the original applicant of the Korean bank does not have any relationship with a limited liability company or issue related to the Epicing Trity Trity Real Estate Co., Ltd., which acquired the secured debt from the Korean bank, and thus, refers to the “Korea bank” without distinguishing both.

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