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(영문) 청주지방법원충주지원 2014.09.17 2014가단2177
구상금 및 사해행위취소
Text

1. As to the Plaintiff, Defendant A and Defendant B jointly and severally with KRW 15,853,881 and KRW 15,853,834 among them, from February 6, 2014.

Reasons

1. The facts under fact-finding may be admitted, either in dispute between the parties or in addition to the whole purport of the pleadings, either in Gap evidence 1 to 8, Gap evidence 9-1 and 2.

On March 7, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the performance of Defendant A’s loan obligations by setting the guarantee amount of KRW 20 million and the guarantee period as of March 20, 2016.

Defendant A was loaned KRW 20 million from a new bank using a credit guarantee certificate issued by the Plaintiff.

B. At the time of a credit guarantee contract, when the Plaintiff fulfills the guaranteed obligation, Defendant A agreed to pay the amount subrogated by the Plaintiff to the Plaintiff and the damages for delay at the rate determined by the Plaintiff (12%) from the date of subrogation to the date of repayment.

Defendant B jointly and severally guaranteed the Defendant A’s reimbursement obligation.

C. Defendant A did not pay the principal and interest of loan and caused a credit guarantee accident on September 24, 2013. On February 6, 2014, the Plaintiff subrogated for KRW 15,997,594 to a new bank according to a credit guarantee agreement.

Accordingly, the Defendant A’s obligation to the Plaintiff under a credit guarantee agreement is KRW 15,853,881 (i.e., KRW 15,97,594) (i.e., partial recovery amount of KRW 143,760).

On the other hand, on June 4, 2013, Defendant A completed the registration of transfer of ownership on the ground of sale on June 3, 2013, from Cheongju District Court No. 25257 to Cheongju District Court’s receipt of Cheongju District Court Assistance.

2. Determination

A. Defendant A and Defendant B are obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

(B) The Defendants asserted that they agreed with the Plaintiff to pay the amount of KRW 700,000 each month from June 30, 2014, but there is no evidence to acknowledge this).

The defendant A who filed a claim for revocation of fraudulent act and restitution of the original status shall enter into the sales contract for the real estate listed in the attached list.

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