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(영문) 수원지방법원안양지원 2020.03.26 2019가단116458
사해행위취소
Text

1. The Defendant and Nonparty Co., Ltd. revoked the gift agreement of KRW 40,000,000 entered into on June 19, 2019 between the Defendant and Nonparty Co., Ltd.

2...

Reasons

Basic Facts

On May 8, 2009, the due date of the extension of the term of guarantee principal (not later than November 1, 2019) by C Organizations (Revised D Co., Ltd) on May 8, 2012, 200, KRW 400,000,00, and the changed amount (not later than 342,000,000) on October 31, 2013, the Industrial Bank of Korea extended the due date of the loan (not later than October 25, 2019), and the amount (not more than 282,625,000,000,00 won) to be 30,000,000 won and 40,000 won and 30,000,000 won and 40,005,000 won and 18,05,01,000 won and 20,04,015,205,01.

A guarantee accident occurred on April 27, 2019 due to delay in the principal amount of B’s loan. On August 16, 2019, the Plaintiff subrogated for KRW 349,690,970 to D Co., Ltd. on August 16, 2019 (related to the first guarantee agreement of this case), and KRW 1,102,169,727 to the Industrial Bank of Korea on September 11, 2019 (i.e., KRW 290,842,960 on the second guarantee agreement of this case, KRW 265,921,939 on the third guarantee agreement of this case, KRW 545,404,828 on the fourth guarantee agreement of this case).

B In the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Plaintiff shall pay both the amount of the performance and the amount of damages in accordance with the calculation method and the expenses incurred in the performance of the guaranteed obligation from the date of repayment to the date of repayment. Accordingly, the rate of damages for delay determined by the Plaintiff is 10% per annum, the amount of fixed damages is 1,790 won per annum, the sum of the expenses incurred in provisional seizure is 1,984,500 won, and the Plaintiff’s indemnity claim against B is excluded from the above amount of money, the amount of damages for delay is 348.48.

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