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(영문) 인천지방법원 2015.03.17 2014가합55235
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 102,93,315 and KRW 102,750,135 among them.

Reasons

1. Facts of recognition;

A. On May 14, 2013, the Plaintiff is a credit guarantee agreement and joint and several sureties A (hereinafter “Defendant A”).

between Defendant A and the principal of a credit guarantee: (a) the credit guarantee agreement between Defendant A and the term of guarantee (hereinafter referred to as the “credit guarantee agreement of this case”) providing that “the amount of KRW 100 million to be loaned from the Bank of Korea Co., Ltd. (hereinafter referred to as the “Korea Bank”): from May 14, 2013 to May 11, 2018.”

(2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant A paid the Plaintiff the amount of subrogation and the amount of delay damages, penalty, and expenses for compensating for the claim, calculated at the rate of 12% per annum as determined by the Plaintiff from the date of subrogation to the date of full payment.

3) At the time of the instant credit guarantee agreement, Defendant A, as an internal director of Defendant A, is the joint and several sureties (hereinafter “joint and several sureties”) for the obligation under the instant credit guarantee agreement to the Plaintiff.

(B) B. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A obtained a loan of KRW 100 million from the Bank as a collateral for the instant credit guarantee agreement on May 14, 2013. The payment of interest on a loan to the Bank was made by November 13, 2013, but a credit guarantee accident occurred due to delinquency of interest on a loan on December 14, 2013, and the Bank notified the Plaintiff of a credit guarantee accident on February 14, 2014.

2) On June 12, 2014, pursuant to the credit guarantee agreement of this case, the Plaintiff subrogated to the Bank for KRW 102,750,135 (i.e., the loan principal KRW 2,750,135) (i.e., KRW 100 million). Meanwhile, the penalty to be paid by the Defendant A under the credit guarantee agreement of this case is KRW 63,560, and the credit preservation expenses are KRW 179,620.

C. Defendant B’s disposal disposition 1) On October 31, 2013, Defendant B’s disposal disposition 1/5 shares of the real estate indicated in the separate sheet (hereinafter “instant real estate”) to Defendant C on October 31, 2013.

the sale price shall be at KRW 15 million.

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