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(영문) 전주지방법원 2019.10.10 2017가합3795
구상금 및 사해행위취소
Text

1. As to KRW 250,541,860 and KRW 248,589,318 among the Plaintiff, Defendant A shall be from August 11, 2017 to September 25, 2017.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee agreement, etc.) on May 31, 2016, with Defendant A and the guaranteed amount (credit guarantee principal) KRW 244 million, and the term of guarantee until May 31, 2021 (hereinafter “instant credit guarantee agreement”).

Defendant A entered into a contract, and Defendant A provided credit guarantee certificates issued by the Plaintiff as security, and Defendant A provided F (hereinafter referred to as “F”).

(2) According to the credit guarantee agreement of this case, where the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the primary debtor and the joint guarantor shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, ④ the unpaid guarantee fee, delayed guarantee fee, penalty, etc. (Article 10(1)). The rate of damages for delay determined by the Plaintiff as to the subrogated payment is 10% per annum from February 1, 2016.

B. The occurrence of a credit guarantee accident and the occurrence of a credit guarantee accident by subrogation by Defendant A, on April 27, 2017, caused a credit guarantee accident by failing to pay loan interest to F, and the Plaintiff subrogated to F on August 11, 2017, KRW 248,589,318 (the total amount of KRW 244,589,318 of the credit guarantee principal and interest thereon) in accordance with the instant credit guarantee agreement.

C. Defendant A’s real estate donation, etc. to Defendant B (1) on January 12, 2017, the Defendant A made each of the real estate listed in the table 1 and 2 of his own ownership [attached Form] to Defendant B (hereinafter “instant site,” and “instant housing”) on January 12, 2017, and the combination thereof “the instant housing and housing site.”

(1) The contract that was the cause of the gift (hereinafter referred to as the “instant gift contract”) was donated to Defendant B.

In February 8, 2017, Defendant B caused the instant donation contract as to the instant housing and site.

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