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(영문) 서울중앙지방법원 2017.08.30 2016가단5073159
사해행위취소
Text

1. As to KRW 26,113,547 and KRW 25,88,087 among the Plaintiff, Defendant A’s year from February 3, 2016 to May 11, 2016.

Reasons

Basic Facts

On May 30, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A on a credit guarantee agreement of KRW 40 million for a loan obligation to a new bank with Defendant A, and issued a credit guarantee agreement.

Defendant A was granted a loan from a new bank as collateral on a credit guarantee certificate.

On July 30, 2015, Defendant A sent a credit guarantee accident on the ground of “original anti-smoking”, and on August 19, 2015, Defendant A notified the Plaintiff of the credit guarantee accident.

The credit guarantee agreement provides that the prior right to indemnity shall arise when a credit guarantee accident notification is given.

On February 3, 2016, the Plaintiff subrogated to the new bank for KRW 25,88,087 (principal KRW 25,55,553, interest KRW 332,534) and paid by subrogation for 225,460 with legal procedure costs.

The rate of damages for delay applied after February 3, 2016 to a credit guarantee agreement shall be 12% per annum.

On January 23, 2015, which was six months prior to the occurrence of a credit guarantee accident, Defendant A made a promise to sell and purchase real estate listed in the [Attachment List No. 1] owned by the Defendant B (the real estate listed in the Attached List No. 1 from the next one is referred to as “real estate”) to the Defendant B (the title of each real estate listed in the Attached List No. 1), and on the same day, the right to claim ownership transfer was registered as stated in the purport of the claim on the same day.

On July 21, 2015, Defendant A completed the registration of ownership transfer on July 21, 2015, on the basis of the registration of the provisional right to claim ownership transfer, and the registration of ownership transfer entered in the purport of the claim in Defendant B, but the grounds for registration was the sale on July 20, 2015.

(B) On February 13, 2015, five months prior to the occurrence of a credit guarantee accident, Defendant A entered into a pre-sale agreement with Defendant C to sell real estate owned by Defendant C (hereinafter “the 2nd promise”) and on February 16, 2015, the registration of the right to claim ownership transfer was completed as stated in the purport of the claim.

Defendant.

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