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(영문) 인천지방법원 2020.08.26 2020가단202592
사해행위취소
Text

Defendant A’s annual interest in KRW 17,010,380 and KRW 16,926,885 among the Plaintiff, from December 31, 2019 to May 14, 2020.

Reasons

1. Facts of recognition;

A. On July 9, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A with a view to KRW 20,000,000. The Defendant A obtained a credit guarantee agreement under the said credit guarantee agreement from the Plaintiff and obtained a loan of KRW 17,00,000 from C Bank on the same day. (2) Defendant A delayed payment of interest on September 10, 2019, thereby losing the benefit of the said loan. The Plaintiff subrogated for KRW 17,002,515 to C Bank on December 13, 2019.

3) As of December 30, 2019, the total amount of the Plaintiff’s claim for reimbursement against Defendant A as of December 30, 2019 is KRW 17,010,380 (the principal of the subrogated reimbursement amount of KRW 16,926,885). B. Defendant A’s disposal act by Defendant A is each real estate listed in the separate sheet (hereinafter “instant real estate”) against Defendant B, the mother on March 21, 2019.

(2) On March 21, 2019, the Plaintiff donated the instant real estate, and completed the registration of ownership transfer under Defendant B’s name (hereinafter “instant gift contract”) with respect to the instant real estate as the Plaintiff’s gift contract with respect to the instant real estate (hereinafter “instant real estate”).

(C) At the time of the conclusion of the instant donation contract, Defendant A’s active and passive property 1) The instant real estate: 41,000,000 won: 41,000 won; 2) The obligation to lend to C Bank a loan to D branch: 63,000,000 won: (2) The obligation to lend to D Bank a loan to D branch: 17,000,000 won; (4) The obligation to lend a loan to E: 24,00,000 won; (16,531,000 won; (5) the obligation to pay a credit card loan to F Bank: 1,173,000 won; 6.121,704,00 won; (3) the purport of the entire pleadings is as follows.

2. Determination as to the claim against Defendant A

A. Indication of Claim: Claim for reimbursement due to the repayment by the Plaintiff of the obligation on behalf of Defendant A’s C Bank in accordance with the above credit guarantee agreement

(b) Applicable provisions: Civil Procedure Act;

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