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(영문) 인천지방법원 2016.08.17 2015가단226822
사해행위취소
Text

1. Defendant A: (a) KRW 89,405,836 to the Plaintiff; and

A. As regards KRW 18,362,732 among them, from May 7, 2015 to October 31, 2015

Reasons

1. Basic facts

A. (1) On August 21, 2014, Defendant A (the name of an enterprise) entered into a credit guarantee agreement with the Plaintiff on credit guarantee of KRW 100 million with the guaranteed principal. In the event the Plaintiff’s performance of the guaranteed obligation, Defendant A (the name of an enterprise) agreed to reimburse the Plaintiff the amount subrogated by the Plaintiff and the amount of damages for delay calculated at the rate of 12% per annum from the date of payment on behalf of the Plaintiff to the date of payment on behalf of the Plaintiff (the current rate of 12%) and received loans from the Industrial Bank as collateral.

After March 2015, Defendant A's delinquency in the payment of the loan will lead to the same year.

5.8. A around the same year, when a credit guarantee accident, including national taxes in arrears, occurred, the plaintiff will discharge the guaranteed obligation under the above credit guarantee agreement.

6. 16. The principal and interest of loan 100,941,745 won was subrogated to the above bank.

As the Plaintiff recovered KRW 29,987,370 among them, the remainder of the subrogated amount remains 70,954,375 won. The Plaintiff’s final damages (the interest rate per 12%) accrued from the date of appropriation for payment of the recovered amount to the date of appropriation for payment (the date of appropriation for payment of the recovered amount) is 88,729 won.

(2) On November 28, 2014, the Plaintiff entered into an insurance contract in preparation for loss of sales claims with Nonparty U forest Electric Co., Ltd. on November 28, 2014. On April 6, 2015, the Plaintiff, a purchaser, was unable to recover sales claims against Defendant A, and the same year.

5.7. The insurance money was paid to the above non-party company KRW 18,362,732.

B. Defendant A’s disposal act was originally owned, as its responsible property, D apartment Nos. 102, 907, 102, and 15 million won in the market value (hereinafter “D apartment”), as well as the attached real estate with an indication of KRW 15 million in the market value (hereinafter “instant housing”).

However, on March 5, 2015, the late February 4, 2015, Defendant A, at the time of the late payment of the above loan, is the subject of the D Apartment.

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